: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2059 OF 2008 CRIMINAL APPLICATION NO.2059 OF 2008 CRIMINAL APPLICATION NO.2059 OF 2008 Sangatsingh Ajamersingh Kalyani .. Applicant. Versus The State of Maharashtra .. Defendant. Mr.P.B.Shah for the applicant. Mrs.P.P.Shinde, A.G.P. for the State of Maharashtra. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 5th August, 2008. DATE : 5th August, 2008. DATE : 5th August, 2008. P.C. :- P.C. :- P.C. :- 1. The applicant is arrested in C.R.No.151 of 2007 of Satara city police station concerning charges under Sections 399, 307, 400, 402, 33 and 379 of the I.P.C. The application for bail filed by the applicant accused before the learned Trial Judge came to be rejected by order dated 13.12.2007. The applicant had moved this court for bail in terms of Criminal Application No.406 of 2008. That application has been rejected on 24.4.2008. : 2 : 2. The present application is presented for bail. 3. It is clear that while rejecting the application for bail by the learned Additional Sessions Judge as well as this court, the stage of filing of the charge-sheet was over. Hence, the only question this court can address itself for the purposes of deciding the request for bail is that what is the change in circumstance. 4. Learned Advocate Mr.Shah submitted that the applicant is in custody for last more than one year. He also submitted that the parents of the applicant are fairly aged and they are suffering from various ailments as is manifested in the medical certificates annexed to this bail application. Learned Advocate Mr.Shah submitted that the applicant is prepared to face terms and conditions to have the facility of bail. 5. After having considered the record, the only question is the change in circumstance and in my view, merely because the applicant is in custody for more than one year, cannot be treated as a change in circumstance. The submission of learned Advocate Mr.Shah that because : 3 : the parents of the applicant are unwell, should be treated as a ground for bail and the change in circumstance, cannot be accepted because the parents of the applicant are keeping unwell much prior to the disposal of the bail application on 24.4.2008. 6. In this view of the matter and considering the gravity of this case, the applicant’s request for bail cannot be granted. 7. Learned Advocate Mr.Shah pressed for early trial. Such a request can be considered. The applicant is at liberty to make an application before the learned Additional Sessions Judge, District Satara before whom his case is pending for early trial. If such an application is made, the learned Additional Sessions Judge shall consider the workload before him and decide whether the case of the present applicant is to be attended forthwith. For the reasons mentioned aforesaid, I pass the following order :- O R D E R O R D E R O R D E R i) Application for bail is rejected. : 4 : ii) Liberty is granted to the applicant to move the learned Additional Sessions Judge, district Satara for early trial. iii) If such an application is made, the said learned Additional Sessions Judge shall consider the application of the applicant depending upon the workload before him. 8. Application for bail is, therefore, rejected. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)