NITYANAND P. SHETTY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking bail during the pendency and final disposal of the Criminal Appeal No. 663/17.

(2.) On the previous occasion, the Applicant's bail application was rejected vide order dated 23/03/2018 passed in Criminal Application No. 1619/17 in Criminal Appeal No. 663/17. Thereafter this Court (Coram: N.J. Jamadar, J.) vide order dated 10/07/2020 passed in Interim Application No. 1/19 in Criminal Appeal No. 643/17 had granted bail to co-accused Kuldeep Jagdish Sharma. The learned counsel for the Applicant therefore submits that in changed circumstances, the Applicant's application is maintainable.

(3.) I agree with these submissions and therefore I am deciding this application in changed circumstances of grant of bail to the co-accused Kuldeep Sharma. The main issue before me for deciding this application will be whether nature of evidence against them, is the same and if the principle of parity applies.