Bombay High CourtBA/1089/2025rejected

Aman Khan Samiulla Khan v. State Of Maharashtra Thr Pso, Pusad City Tah And Dist. Yavatmal

2025-11-11Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

ba1089.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1089/2025 (Aman Khan Samiulla Khan Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Sheikh, Advocate for the applicant.

Mr. V.A. Thakare, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 11.11.2025.

This is a second bail application filed by the applicant. First bail application was rejected on merits. Now the applicant has filed this application as there is change in circumstance. The trial is initiated and according to the learned Advocate for the applicant, witnesses have not mentioned name of this applicant. Thirteen witnesses are already examined. This cannot be a ground to file second bail application. The offence under Section 307 of I.P.C. and M.C.O.C. Act is registered against this applicant. As per the judgment of the Hon'ble Apex Court in the case of X V/s. State of Rajasthan reported in 2024 SCC OnLine SC 3569 once the trial is initiated, Court should be loath in entertaining the bail application of the accused. Considering the fact that the trial is already initiated, there is no change in the circumstance, second bail application cannot be entertained. Whether case is made out against the applicant will be decided in trial after considering the evidence. Accordingly, the application is rejected.

(MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 12/11/2025 17:41:29