1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2069 of 2009 Md Chand v. The State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.Z. Gharde, Adv for applicant Mr D.P. Thakare, APP for State Coram: A.P. Bhangale, J Dated : 30th July 2009 1. Heard learned counsel for applicant and learned APP for State. Applicant is seeking bail in Crime No. 148/07 registered with Police Station,Kalmeshwar for the offences punishable under Sections 392 and 395 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that the only evidence against the applicant is the statement made by co-accused against him. He further contends that applicant has been acquitted by the Court at Lucknow. Learned APP opposed the application that application moved earlier by the applicant for grant of bail has been rejected by this Court. 3. There is no doubt that filing of successive applications for grant of bail is not barred provided there is change in circumstances and new ground is made available to the applicant. Fact that there is only a statement and that too made by co-accused before police is available against the applicant, was very 2 much existing when the earlier bail application was argued which was rejected by order dated 1st September 2008 by this Court. Fact that applicant has been acquitted by the Court at Lucknow cannot be said to be a change in circumstance. Applicant was already identified as one of the culprits and there is material prima facie available indicating his involvement in removal of medicines worth Rs. 1.74 crores and odd to the State of UP. 4. For the reasons stated above, application is rejected. Since the charge-sheet is already filed in the matter, learned Trial Court is expected to take up trial as early as possible. Judge. hsj