1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4209 OF 2010 Tammarao Basappa Patil ...Applicant. v. The State of Maharashtra ...Respondents. Mr.A.P.Mundargi i/by Suresh M. Sabrad, advs. For the Applicant. Smt.R.V.Newton, APP for the Respondent/State. Shri P.G.Sarda, adv. for the Informant/Intervenor. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 Heard the learned counsel for the applicant and the learned APP for the State who is also assisted by Mr. Sarda on behalf of the first informant/intervenor. Applicant and his companions belonged to Congress Party and were supporters of Sidhramappa Mhetre Congress candidate and then Minister of State Home Affairs. One Sidramappa Patil was candidate for B.J.P. in the State Assembly election and was opposing Sidhramappa Mhetre. According to the prosecution about 10-12 days prior to the incident dated 26.9.2009, Sidhramappa Mhetre had assured his supporters at village Shegaon that all obstacles have to be removed and overcome and he would support whatever action would be taken by the supporters. On 26.9.2009 a group of supporters of 2 Sidhramappa Mhetre attacked workers and supporters of B.J.P. candidate. In that incident one Gitashankar Kore was allegedly dead shot and some other persons were injured. Present applicant had allegedly assaulted one Gafur and caused several injuries to him. Crime No.84 of 2009 was registered at Akkalkot police station for several offences including offences punishable under Sections 302, 307 and 149 of the I.P.C. While 22 or 23 other accused persons are already granted bail. Present applicant was refused bail by the earlier order. 2 The learned Senior Counsel for the applicant concedes that earlier application filed by the present applicant was rejected by this Court after filing of the charge-sheet. According to him, only change in the circumstances is that complainant has filed a petition before this Court for transfer of the case from Solapur Sessions Court to some other Court and in that petition this Court has stayed the further proceedings in the case and, therefore, earlier disposal of the case can not be assured. According to him, in view of this, applicant should be granted bail. The learned counsel for the informant/complainant states that petition for transfer is likely to come for hearing before this Court on 12.1.2011. 3 It is settled position of law that if bail application filed by accused after filing of the charge-sheet is rejected after going through the 3 merits of the case, fresh application by the same accused will not be entertained unless there is change in the circumstances. Merely filing of the petition before the Court for transfer of the case from one Sessions Court to another Sessions Court apprehending that because of the political influence of the accused at Solapur, they may not get justice is not a change in the circumstances. It is hoped that petition for transfer will be decided by this Court at the earliest on its own merits. 4 For the aforesaid reasons, application stands rejected. (J.H. BHATIA,J.)