Dismissed

Suresh Ghanshyamrao Chopade v. the State of Mah Thr. Nanalpeth P.S.

Bombay HC23 Feb 2012APPLN/812/2012

Case brief

AI extract

What is this about?

The High Court rejected a fresh bail application filed by an applicant prosecuted under Section 302 IPC. The bench held there was no change in circumstances and that the issues on merits were already considered by the trial jurisdiction in a prior order rejecting the bail plea.

What did the court decide?

Bail Application rejected; Applicant not released on bail.

Suresh Ghanshyamrao Chopade Vs the State of Mah Thr… — Bail and Remand | Bombay HC (2012)

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 cra812.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 CRIMINAL APPLICATION NO.812 OF 2012
IN
CRIMINAL APPEAL NO.304 OF 2011

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Suresh s/o Ghanshyamrao Chopade,
Age-41 years, Occu:Agril.,
R/o-Dhar, Tq. & Dist-Parbhani,
At present Near Maroti Temple,
Thombar Ves, Parbhani.

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...APPLICANT.

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 VERSUS

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The State of Maharashtra,
Through Police Station Nanalpeth,
Parbhani, Dist-Parbhani.

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...RESPONDENT.

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 ...
 Shri.G.G. Kadam Advocate for Applicant.
 Smt.V.A. Shinde, A.P.P. for Respondent.

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...

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CORAM: NARESH H. PATIL AND
 T.V. NALAWADE, JJ.

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 DATE : 23RD FEBRUARY, 2012.

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PER COURT :

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1.Heard learned counsel for the parties.

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2.The bail Application filed by the

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Applicant was rejected by the learned Single Judge
of this Court (CORAM: U.D. SALVI, J.) on 20th
September, 2011. The State has preferred Appeal
for enhancement and Appeal against order of
acquittal recorded by the trial Court, for an
offence punishable under Section 302 of the Indian
Penal Code. Both these Appeals were admitted by

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the Division Bench of this Court on 22nd
November, 2011. All these Appeals, therefore, are
to be heard by the Division Bench. The present
bail Application was filed on 14th February, 2012.

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3.The learned counsel for the Applicant
submits that the learned Single Judge failed to
appreciate the import of the Judgments of the Apex
Court while considering bail Application of the
Applicant. Pending trial, the Applicant was on
bail. Criminal Application No.3889 of 2009 filed
for cancellation of bail, came to be rejected by

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3

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the learned Single Judge of this Court, on 26th
March, 2010. It is further submitted that conduct

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of the Applicant is not blame-worthy. The
Applicant is on Parole at present, as his wife is
not keeping well. The counsel submits that the
Applicant be released on bail pending hearing of
these Appeals. In support of his submissions, the
counsel placed reliance on the following reported
Judgments:

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(1) Babu Singh vs. State of Uttar
Pradesh, 1978 DGLS (Cri.) Soft, 241,

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(2) Bhagwan Rama Shinde Gosai vs.
State of Gujarat, 1999 DGLS (Soft.),
599,

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(3) Kiran Kumar vs. State of M.P., 2000 DGLS (Soft.), 1322,

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(4) Kishori Lal vs. Rupa, 2004 DGLS
(Soft.), 675,

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(5) Masood Ali Khan vs. State of U.P.

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& Ors., 2009 DGLS (Cri.) Soft, 1122.

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4.The learned A.P.P. submits that there is

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no change in circumstance for filing fresh bail
Application. Both the State Appeals have been
admitted by this Court as this Court found prima-
facie case against the Applicant.

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5.We have perused the Judgments cited

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before us. We do not find any change in
circumstance for consideration of the bail
Application for the second time. The issues on
merits raised by the Applicant, were considered by
the learned Single Judge. There is no merit in the
Application. The Application stands rejected.

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[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]
asb/FEB12

Suresh Ghanshyamrao Chopade v. the State of Mah Thr. Nanalpeth P.S.

Case brief

What is this about?

What did the court decide?

Suresh Ghanshyamrao Chopade v. the State of Mah Thr. Nanalpeth P.S.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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