Cri.Application NO.5488 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5488 OF 2011 Altafyarkhan s/o Yusufyarkhan R/o Madana Peth, Old Hyderabad (at present in jail) ..Applicant Versus The State of Maharashtra ..Respondent Mr G.G.Kadam, Advocate for applicant Mr V.H.Dighe, A.P.P.for respondent-State CORAM : K.U. CHANDIWAL, J. DATE : 21st December 2011 PER COURT Heard. 2. Perused the report of Investigator. Pursuant to directions of this Court, Learned District Judge has sent fax message. The sessions trial in Sessions Case No.126 of 2010 is in progress, as three witnesses are examined. However, the matter is stalled due to the complainant moved the learned Principal District Judge for transfer of the sessions case. 3. Record illustrates, by virtue of orders dated 21.10.2011 in Criminal Application No.1009 of 2011, six months extension is granted to dispose of the sessions case. 4. Though Mr Kadam has touched to the merits of the matter, I find that all these aspects are dealt with while rejecting the earlier application of the accused/applicant. Release of one of the accused in February Cri.Application NO.5488 of 2011 2 2008 will not be a change in the circumstances, as this accused is arrested subsequently and then bail application of this accused was rejected by this Court is dated 5.4.2011. 5. Learned Counsel for the accused/applicant submits, the acquittal of the other accused in the sessions case arising out of same incident spells out that there was no conspiracy and consequently, benefit will have to be showered upon the accused/applicant. I do not agree with this contention of Mr Kadam, as there is prima facie evidence against the accused/applicant of stabbing the injured and also fleeing from the scene of incident. Witnesses have named him. 6. I do not see any change of circumstances to consider the request to release the accused/applicant. Application rejected. 7. Learned Principal District Judge is requested to decide the transfer application in Sessions Case No.126/2010 of the complainant expeditiously, as the accused/applicant is in custody. ( K.U. CHANDIWAL, J. ) (vvr/5488.11criappln)