1 150211 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1502 OF 2011 IN CRIMIAL APPEAL NO. 1106 OF 2005 Sachin Arun Patil ...Applicant V/s. State of Maharashtra ...Respondent Mr. Ritesh Ratnam i/by Mr. Ganesh Gole for the Applicant Mrs. A.S. Pai, A.P.P., for the State CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 7, 2011 P.C.:- The applicant has been convicted for offence punishable under Section 302 of the Indian Penal Code. The prayer for bail on merits was considered on the earlier occasion on 14th July, 2006. The Court, after recording reasons in the said order was pleased to reject the same. 2 150211 2. Thereafter, in the year 2010, the applicant applied for temporary bail on the ground that his younger brother was going to be married on 25th May, 2010. That request was considered in favour of the applicant in terms of order dated 21st April, 2010. The applicant was released on temporary bail from 21st May, 2010 to 28th May, 2010. The applicant, in the year 2011, sent letter-petition, praying for bail. The same was disposed of on 18th November, 2011 on the finding that the applicant is represented by advocate in the pending Criminal Appeal No. 1106 of 2005, and ought to prefer application through the advocate so long as the advocate is not discharged. 3. Accordingly, the present application has been filed by the applicant through advocate. The prayer clause of this application indicates that the relief claimed in this application is to release the applicant on bail pending hearing and disposal of the Criminal Appeal. As aforesaid, the applicant’s application for bail on merits has already been considered and rejected by this Court. It is not open to allow the applicant to file successive applications for the same relief. 4. Realising this position, the counsel for the applicant submits that the applicant would confine this application on the sole 3 150211 ground that the applicant’s aged mother is unwell; and there is no other family member to look after her during her illness. In support of this, the applicant has relied on certificates issued by Padmshree Hospital dated 3rd July, 2011 and 1st November, 2011, which mention that Saraswati Arun Patil, aged about 57 years, is suffering from Urinary Calculus. She has been advised to take expert’s opinion. In the subsequent certificate, the applicant’s mother has been advised to take haematinic and protein diet and to be provided nursing care. 5. We are unable to accept the argument of the applicant that his mother is very serious. Besides, as noticed earlier, the applicant has younger brother. It is not as if there is no other family member in the family of the applicant. 6. The learned counsel for the applicant submits that the applicant’s younger brother is staying separately and is not taking care of his mother. No such case is made out on affidavit in the application as filed. In our opinion, it is not the case for grant of bail. The applicant is free to avail of parole on the ground pressed into service, if so advised. That application will have to be considered by the Appropriate Authority on its own merits in accordance with law. 4 150211 7. Application is disposed of on the above terms. R.G. KETKAR, J. A.M. KHANWILKAR, J.