Single Judge High Court of Bombay dismissed a bail application on the third occasion, holding the applicant undeserving of release based on previous rejections and the merits of the charge-sheet.
Bail application rejected on merits as applicant does not deserve release.
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ASHISH SAHEBRAO MHASKE
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Digitally signed by ASHISH SAHEBRAO MHASKE Date: 2023.08.19 11:08:42 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.162 OF 2023
Aarif Alias Akshay Vinod Alias .. Applicant Ankush Kamble
Versus
The State of Maharashtra .. Respondent …
Mr. Hrishikesh Mundargi a/w Meghdeep Oak for the applicant. Mr. N.B. Patil, APP for the State. Mr. D.B. Bobade, Wanwadi Police Station, Pune.
CORAM: BHARATI DANGRE, J. DATED : 11th AUGUST, 2023
P.C:-
1 By reasoned order dated 9/07/2021, considering the role attributed to the applicant in the charge-sheet, the request for his release on bail came to be rejected. This order was taken to the Apex Court with a result that the SLP was dismissed as withdrawn.
2 Once again, second application came to be filed and it was dismissed on the ground that there is no change in circumstance, though I granted liberty to renew the request, if the charge is not framed on or before 31/12/2022.
The learned counsel Mr. Mundargi would submit that the charge is framed but, the trial has not yet commenced and there would be a considerable delay. I do not think that this is a
Ashish
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ground which would permit me to release the applicant, when on the merits of the matter, on appreciating the material contained in the charge-sheet, I have already arrived at a conclusion that the applicant do not deserve his release on bail. Hence once again i.e. on the third occasion, the application is rejected.
( SMT. BHARATI DANGRE, J.)
Ashish
2 issues framed by the court
Whether the applicant is eligible for bail given the previous rejections and the current status of charges and trial.
Whether the framing of charges and delay in commencing trial justify a release on bail.
Ashish Alias Akshay Vinod Alias Ankush Kamble
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
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