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Bombay High CourtBA/676/2018others disposed off

Mayur S/O. Ganesh Malewar (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Tumsar Dist. Bhandara

2018-07-24Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba676.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.676 OF 2018 (Mayur s/o Ganesh Malewar ..vs.. State of Maharashtra, through PSO, PS Tumsar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.V. Khaparde, Counsel for the applicant, Shri C.A. Lokhande, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 24-07-2018 This Court was not inclined to grant bail since the earlier application for bail was withdrawn with liberty to move the Sessions Court at appropriate time.

2.

The order dated 27-4-2018 in Criminal Application (BA) 407/2018 reads thus :

"Heard Shri Motwani, learned Counsel for the applicant and Shri Lokhande, learned Assistant Public Prosecutor for the State.

After hearing this matter for some time, learned Counsel for the applicant, on instructions, seeks leave to withdraw the instant application with liberty to file bail application before the Sessions Court at the appropriate time.

Leave with liberty as prayed for is granted. The application stands disposed of as withdrawn." 3.

The applicant immediately moved the Sessions Court on 29-5-2018. This application is rejected on 13-62018. This Court was not inclined to grant bail since no

2 ba676.18 significant change in circumstance is demonstrated nor is there any significant lapse of time for the applicant to invoke the liberty granted.

4.

The learned Counsel seeks to withdraw the application. He is permitted to do so. However, it is clarified that if there is no significant development or progress in the trial for the next six months, the applicant shall be at liberty to approach the learned Sessions Court for bail.

5.

With these observations, the application is disposed of as withdrawn.

JUDGE adgokar