1 Cri.Appln.No.810/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.810/2011 (Shaikh Matin Bashir Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.HD Deshmukh Adv. for applicant; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th March, 2011. ... 1) Heard. 2) The accused/applicant, in custody from 26th August, 2010 in Crime No.I-283/2010, registered at Kotwali police station, District Ahmednagar, has urged to release on bail. 3) The Counsel for the applicant/accused submits, his earlier application (i.e. Criminal Application No.331/2011) before this Court was rejected on 7th February, 2011. 4) The change in the circumstances is, ailment of his wife, who has been hospitalized, calls for his attendance for personal care and hence the application. 5) The events in the F.I.R. and statement of Kailas Chavan illustrate that in a 2 Cri.Appln.No.810/2011 planned manner, to eliminate the deceased Ajit @ Babu Suresh Waghmare, a group of 11 persons came in different vehicles and dealt severe blows by using an iron rod, logs and even inflicting fists blows. The witnesses have named the accused with specific role and earlier events of brawl. The accused/applicant was even in search of the deceased, as he was loitering near house of the deceased on number of occasions. The criminal antecedents of the deceased, to which reference is given by Mr. Deshmukh, by itself will not be providing a passage to grant bail to the accused/applicant. There is no changed circumstances as c are of wife of the accused can be taken by other family members. The brutality in w hich the deceased has been done to death being writ-large, no concession to entertain the bail application, application rejected. The observations are prima facie in nature. 6) The learned Judge, seized with the matter, shall ensure its expeditious disposal. (K.U.CHANDIWAL) JUDGE bdv/