1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1283/09 IN CRIMINAL APPEAL NO. 105/07 Uddhav Kashinath Gajbhiye .vs. State of Mah. _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : AUGUST 21, 2009. Heard Mr. N.S. Bhat, learned Advocate for applicant and Mr. Fulzele, learned A.P.P. for the respondent. The present application is moved by the applicant/appellant no.1 for grant of bail. Mr. Fulzele, learned A.P.P. for the respondent, has brought to the notice of this Court that on the earlier occasion, the application filed by the applicant for grant of bail was dismissed by this Court vide order dated 19.7.2007 on merits. There is no change in the circumstances and, therefore, the present application on the same set of facts and law is not maintainable. Mr. N.S. Bhat, learned Advocate for applicant, has submitted that the applicant has one daughter and two sons, who are minors and there is nobody to take care of them and, therefore, this is an additional circumstance on the basis of which the request is made for grant of bail. Mr. Fulzele, learned A.P.P. for the respondent, on the basis of the instructions received from the police has 2 submitted that one of the sons, i.e. Aman is admitted in Government Boys Hostel at Nagpur. The other son Rahul is also studying in the Government Boys Hostel, Nari in Nagpur and both the boys are taking education. Similarly, the daughter, namely, Jyotsna is studying in 8th standard and she is studying in Shradhanand Anathalaya. It is also contended that the father of the petitioner is staying at Masora. Considered the rival contentions. Since the application of the petitioner on the earlier occasion was dismissed on merits, strictly speaking the present application is not maintainable. So far as the children of the applicants are concerned, in view of the above referred facts, no case is made out for grant of bail on that count. Hence, the Criminal Application is dismissed. JUDGE JUDGE. J.