Court rejected applicant's bail application stating no change in circumstances considering huge pendency of jail appeals and single Division Bench availability.
Application stands rejected as there is no change in the circumstances.
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appln-1425-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1425 OF 2022 IN
CRIMINAL APPEAL NO.335 OF 2018
Mohammad Arifuddin s/o Gulam Dastagi Farooqui ... Applicant
Versus
The State of Maharashtra Through Kotwali Police Station, Tq. and Dist. Parbhani ... Respondent
Mr. P. S. Paranjape, Advocate for applicant. Mr. B. V. Virdhe, APP for respondent No.1.
CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.
DATE : 3rd October, 2022
ORDER :-
. Heard learned Advocate Mr. P. S. Paranjape for the applicant and learned APP Mr. B. V. Virdhe for the respondent - State.
(1)
appln-1425-2022.odt
such circumstance, the second bail application cannot lie. Thereafter, one more application was filed by the present applicant bearing Criminal Application No.516 of 2019 and this Court by order dated 22.02.2019 rejected the same contending that there is no change in the circumstance. Now also there is no change in circumstance except the fact that though the hearing of the appeal was expedited, this Court is unable to take up the hearing of the appeal out of turn. It will not be out of place to mention here that the jail appeals of the year 2015 are pending and there is huge pendency. There is only one Division Bench available to deal with all types of criminal matters which pertain to Division Bench. In view of the fact that there is no change in the circumstance, the application stands rejected.
[RAJESH S. PATIL] [SMT. VIBHA KANKANWADI] JUDGE JUDGE
scm
(2)
1 issue framed by the court
Whether a second bail application can be entertained given that prior applications were rejected due to lack of change in circumstances.
Mohammad Arifuddin s/o Gulam Dastagi Farooqui
The State of Maharashtra Through Kotwali Police Station, Tq. and Dist. Parbhani
Vibha Kankanwadi
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
