FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1838 OF 2009 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ This application is filed for regular bail in connection with Crime No.2/009 registered at Shrirampur Taluka Police Station for the offences punishable under Sections 302, 342, 336 r.w. 34 of I.P.C. 2 This Court, by order dated 4th April, 2009, rejected the application for bail filed by the applicant on merits. Admittedly, the said application was filed after filing of charge-sheet. 3 This application is filed again for regular bail on following grounds: (I) It shall be appreciated that in fact there was quarrel between Parasram and Mansubrao and that the present applicant had been implicated only because he happens to be the brother of Parasram. (II) It shall be appreciated that even assuming that the applicant had assaulted Mansubrao, it could only be a offence punishable u/sec.324 of IPC. That no knowledge could be attributed to the applicant, that the old man was suffering from artery blockages. That he would have suffered a cardiac arrest due to fear or even a single fist blow. In these circumstances the applicant cannot be held liable for an offence punishable u/sec. 302 of IPC and hence he deserves to be enlarged on bail. (III) It shall be appreciated that further incarceration of the applicant would amount to punitive detention as he has been in custody for about six months and hence he prays that he be enlarged on bail. (IV) The applicant abide by any/all conditions imposed upon him in the event of his being enlarged on bail. 4 The learned Counsel for the applicant invited my attention to medical report at page 13 (Exh.C) and submitted that when the earlier application was entertained, at that time the report was not available. Now, on perusal of the report at Exh.C i.e. Pathological report,it is clear that the deceased was heart patient. Therefore, the learned Counsel would submit that in view of change in circumstance and the grounds raised in the application, the application may be entertained and applicant may be granted regular bail. 5 The learned A.P.P. vehemently opposed the application. He invited my attention to the investigation papers and earlier order passed by this Court and submitted that the earlier application is decided on merits and that too, after filing of the charge-sheet, this Court may not entertain the second application and there is no change in circumstances. 6 After hearing the learned Counsel for the applicant, the A.P.P., for the State and after perusal of the earlier order passed by this Court on 4th April, 2009, I am of the considered view that this application deserves to be rejected. This Court, by order dated 4th April, 2009 has given reasons in support of the order rejecting the application for regular bail. The application was heard on merits and at that time also, it was argued that deceased was heart patient. Now, merely because report is received after rejection of the earlier application, that cannot be taken as a change in circumstances. I do not find any merit in the application. In view of the reasons recorded in the order dated 4th April, 2009 and independent appreciation of the grounds raised in the application, I am not inclined to grant bail to the applicant. Application deserves to be rejected. 7 Since the charge-sheet is filed on 27th February, 2009, there is no reason why the trial Court should not commence and proceed further. It is reported that the trial is pending before the Sessions Court, Shrirampur. The Addl. Sessions Judge, Shrirampur is directed to commence the trial, if already not commenced and expedite the hearing and dispose of the same within four months from today. In case the trial is not completed within four months, the applicant will have liberty to file fresh application for bail. With these observations, application is rejected. (S.S. SHINDE, J). 14.08.2009. PLK/#