The High Court rejected a bail application, holding that there was no change in circumstances sufficient to grant bail. Previous statements of injured witnesses incriminating the applicant were already considered, and the new filing of the chargesheet did not alter the basis for rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri. Appln. No. 465/14
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 465 OF 2014
Vijay s/o. Balbhim Ajabe
....Applicant.
Versus
The State of Maharashtra
....Respondents.
Mr. N.V. Gaware, Advocate for applicant. Mr. B.L. Dhas, APP for State.
Mr. V.M. Chate, Advocate assist to APP.
CORAM : T. V. NALAWADE, J. DATED : 20th February, 2014.
ORDER :
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Cri. Appln. No. 465/14
representating the applicant today also had submitted that he wants to withdraw the application and so the application of present applicant - Vijay was disposed of as withdrawn. Thus, the previous application was rejected on 25.11.2013 as good as on merits.
Cri. Appln. No. 465/14
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This Court has given importance to the statements of injured witnesses and that can be seen from paragraph No. 4 of the previous order. Specific role is attributed to Vijay. He gave vital blow on the head of the deceased and that blow has caused haemorrhage in brain and death took place due to that. Other circumstances were also considered. Thus, there has been no change in the circumstances and on merits it is not a fit case to grant bail.
the learned APP.
[ T. V. NALAWADE, J. ]
ssc/
3 issues framed by the court
Whether change of circumstances exists to warrant bail after a previous application was rejected on merits.
Whether filing of chargesheet independently alters circumstances sufficient to grant bail.
Whether injuries caused by the applicant resulted in death making him unfit for bail.
Vijay s/o. Balbhim Ajabe
The State of Maharashtra
T. V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
