Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1406 of 2008 Shri Vishal Kumar Premshankar Upadhyay ..Applicant V/s. State of Maharashtra ..Respondent Mr. Shirish Gupte, Sr. Counsel i/by Prakash Naik for the Applicant Mr.S.S.Pednekar -APP for the State. CORAM CORAM CORAM : V.C.DAGA, J : V.C.DAGA, J : V.C.DAGA, J 11th 11th 11th June, 2008 June, 2008 June, 2008 P.C. . Heard Learned Counsel for the Applicant. Criminal Application No. 3526/2007 was withdrawn on 18-12-2007 which was moved before the Learned Single Judge of this Court (Karnik, J). 2. Mr. Gupte, learned senior counsel for the applicant submits that from December to June, there is no change in circumstances other than that the trial has not begun. In his submission this itself should be treated as the change in circumstance. 3. In my considered view, the submission made is misplaced. Having withdrawn the earlier application unconditionally, the second application having moved without there being any tangible change in 2 circumstance, this application is not maintainable. Merely lapse of time, that too, of 6 months between two applications or absence of commencement of trial during this period cannot be treated as change in circumstance, especially, when there is heavy pendency in various Criminal Courts. 4. In the result, application is rejected. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)