Mangesh @ John S/O Shankarrao Kokate v. The State Of Maharashtra, Through Pso Ps Wardha

1 ba344.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.344 OF 2018 (Mangesh @ John s/o Shankarrao Kokate ..vs.. State of Maharashtra, through PSO, PS Wardha) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.G. Bade, Counsel for the applicant, Shri T.A. Mirza, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 19-06-2018 This Court has noted, and it is most unfortunate, that the applications are successively moved seeking bail although there is no significant change in circumstances. 2.

The applicant was denied bail by the learned Single Judge on 17-7-2017. The learned Counsel argued the matter for quite sometime and then sought permission to withdraw the application. The application was dismissed. However, a limited direction was given to the Sessions Court to make an endeavour to conclude the trial expeditiously.

3.

The applicant, although there was absolutely no change in circumstances, again approached this Court. Again, this Court was not inclined to entertain the application and after arguing for quite sometime the learned Counsel for the applicant sought permission to withdraw the application. That Court was not inclined to

2 ba344.18 grant bail is recorded in the order dated 12-12-2017 which reads thus :

"1.

Heard learned counsel Shri R.K. Tiwari for the applicant for quite some time and learned Additional Public Prosecutor Shri V.A. Thakare for the State.

2.

When the Court was about to dismiss the application, learned counsel Shri R.K. Tiwari for the applicant submits that he wishes to withdraw the present application.

3.

Permission is granted.

4.

The criminal application is dismissed as withdrawn."

4.

This is the third application seeking regular bail. The application is a gross abuse of the process of law. Unfortunately, this Court has noticed the propensity of the applicants and if the Court may say so their advisors to indulge in sharp practices by taking their chances as soon as the assignment changes. Nothing more needs to be said.

5.

The application is dismissed with costs of Rs.5,000/- (Rupees Five Thousand) to be deposited with the High Court Bar Association, Nagpur.

6.

If the costs are not deposited within two weeks the Registry to initiate suo motu contempt.

JUDGE adgokar