Akshay S/O Alishan Bhosale v. State Of Mah. Thr. Pso Sewagram Dist.Wardha And Another

48.ba.314.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.314 OF 2022 Akshay S/o Alishan Bhosale

Versus

State of Maharashtra, through P.S.O., Sewagram, Dist. Wardha and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.V. Rai, Advocate for the applicant.

Ms Shamsi Haider, A.P.P. for the non-applicant No.1/State. CORAM : ANIL S. KILOR, J.

DATED : 16/06/2022 1.

Shri Rai, learned counsel for the applicant submits that after rejection of the first bail application, as the trial has not commenced it be treated as change in circumstances to maintain the present application.

2.

Ms Shamsi Haider, learned APP strongly opposes the application and submits that as the earlier application was rejected, this application is not maintainable, as there is no change in circumstances. 3.

I have perused the FIR, the application and the documents filed along with application.

4.

After withdrawal of first application on showing disinclination by this Court to grant bail, there is C.L.Dhakate

48.ba.314.2022.odt no change in circumstances. Thus, the present application is not maintainable and accordingly, it is rejected. 5.

At this stage, learned counsel for the applicant submits that the applicant is in jail since more than two years and accordingly, liberty may be granted to move a fresh application for grant of bail, in case, there will be no progress in trial.

6.

The request is accepted and accordingly, liberty is granted to the applicant to move a fresh application if there will be no progress in the trial, in next nine months. [ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate