← Library
Bombay High CourtBA/1198/2022rejected

Kamlesh Harichand Meshram v. State Of Mah. Thr.Pso Ps Kanhan Tah.Parsioni Dist.Nagpur

2022-12-12Hon'Ble Shri Justice Anil S. Kilor2 pages

42.ba.1198.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1198 OF 2022 Kamlesh Harichand Meshram .Vs. State of Maharashtra, through P.S.O., P.S. Kanhan, Tah. Parsioni, Dist. Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Y.Y. Humne, Advocate for the applicant.

Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 12/12/2022 1.

Heard.

2.

The applicant is seeking bail in Crime No.358 of 2020, registered with Police Station: Kanhan, District: Nagpur, for the offences punishable under Sections 307, 353, 333, 143, 147, 148, 149 and 186 of the Indian Penal Code and Sections 4 and 25 of the Indian Arms Act. 3.

This Court considering the case on merit and discussing the incriminating material available on record rejected the earlier application of the applicant for grant of bail on 16.09.2021.

4.

Nothing has been pointed out that thereafter there is any change in circumstances. Even the applicant is not coming with any material which was not pointed out while the earlier bail application was rejected. C.L.Dhakate

42.ba.1198.22.odt 5.

It is a settled law that successive bail application is maintainable in case of change in circumstances or if the applicant comes with some new material which was not pointed out or placed before the Court while deciding the earlier application. 6.

The only ground raised is that though the applicant is in jail from last two years, the trial is not yet commenced. Considering the maximum punishment and the antecedents of the applicant, I am of the opinion that the said ground is also not a ground on which the bail can be granted. In the circumstances, I am not inclined to grant bail to the applicant. Accordingly, the criminal application is rejected.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate