NIZAMUDDIN AHMED TAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned APP for the respondent-State.

(2.) This is a second bail application of the applicant before this Court. The earlier bail application bearing Criminal Bail Application No.1026 of 2022 was dismissed by an order dated 12 th January, 2024 passed by this Court (Coram : Prithviraj K. Chavan, J.). It is to be noted that the Special Leave Petition (Cri.) No.5709 of 2024, filed by the applicant before the Supreme Court was dismissed by an order dtd. 29/4/2024.

(3.) The learned counsel appearing for the applicant submits that there were subsequent development i.e. to the effect that a co-accused person Shabbir Usman Shaikh was granted bail by an order dated 13 th August, 2024, passed in Bail Application No.731 of 2024. In this context, reliance was placed on an order dtd. 9/8/2024, passed by this Court (Coram : N.J. Jamadar, J.) in Bail Application No.1480 of 2024 in the case of Jasar Jahangir Shaikh Vs. State of Maharashtra, where in similar circumstances this Court not only entertained the second bail application of the applicant but also allowed the same, observing that if certain grounds were not urged when the first bail application was disposed of and a co-accused was subsequently granted bail on different grounds that were now being urged before the Court in the second bail application, such a second bail application could be considered.