The court dismissed the second bail application of the applicant-appellant convicted of gang rape, noting no change in circumstances from the earlier rejected application.
Application for bail dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No.402 OF 2009
IN
CRIMINAL APPEAL No. 273 OF 2008
Hanumant Sabanna Malbari .. Applicant.
vs.
The State of Maharashtra
and others ..Respondents.
Mr Milind Desai i/b Rishi Bhuta for the
applicant.
Mr A.S. Shitole, A.P.P. for the State.
CORAM: A.R. JOSHI,J.
DATED : 20TH APRIL,2009.
P.C.:-
1. The applicant-appellant has filed the
present second application for bail after
earlier application for bail was rejected by
this Court vide order dated 5.6.2008.
Apparently, there are no change in
circumstances. The applicant is convicted for
the offence punishable under Sections 452,
376(g), 506(II) read with section 34 of the
Indian Penal Code. Maximum punishment for the
offence under Section 376 (g) awarded against
the applicant-accused is ten years and fine of
rupees five thousand. For other offences the
punishments were for five years each and fine
of Rs. 2,000/-each. It is a matter of
conviction on the charges of gang rape. No
change in circumstances is pointed out by the
applicant-appellant in order to grant this
application for bail. Hence, the application
is dismissed and accordingly, disposed of.
(A.R.JOSHI,J.)
1 issue framed by the court
Whether bail should be granted to the applicant-appellant for the second bail application when there is no change in circumstances and the earlier application was rejected.
1 provisions across 1 enactments
Hanumant Sabanna Malbari
The State of Maharashtra
A.R. Joshi
As recorded by the court registry
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