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.... 791 of 2015. It was contended before the learned trial Judge that as, in the meantime, the investigation had been completed and the charge-sheet had been filed, there had been a change of ...to be set aside.12. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to ...application was filed before the Principal Sessions Judge after filing of the charge-sheet which was challenged in the High Court and that had travelled to this Court. These facts, unfortunately, have not...
...Criminal Misc. Application No. 4602 of 2010. But the same was withdrawn and this is successive bail application on the ground of change of circumstance that charge sheet has been .... In view of the fact that charge sheet is already filed and the applicant is in custody since 23-2-2010 as well as looking to the gravity of the offence, the applicant is required to be released on...learned advocates for the parties, this application is taken up for final hearing today.3. The applicant has filed this application u/s 439 of the Code of Criminal Procedure, 1973 for...
...charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-sheet does not in any manner lessen the allegations made by the prosecu...noted, the second bail application was filed before the Principal Sessions Judge after filing of the charge-sheet which was challenged in the High Court and that had travelled to this Court. These...charge-sheet.
5. Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that as per the school record, the date of birth 15/04/2004...
...trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-...."
3
It is clear that filing of the charge-sheet is not a change of circumstance. Considering the facts and ci..., District Shivpuri for offence under Sections 376 of IPC. It is submitted by the counsel for the applicant that after the rejection of the first bail application, the police has filed the charge- sheet...
...learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-....
So far as, the filing of the charge-sheet is concerned, the same cannot be said to be a change in circumstance.
The Supreme Court in the case ...before this Court for grant of bail and the same was not entertained. Be it noted, the second bail application was filed before the Principal Sessions Judge after filing of the charge-sheet which was...
...behalf of aforesaid applicants was dismissed by order dated 05.10.2015 passed in M.Cr.C.No.12793/2015 on the ground that there was no change in the circumstance and in spite of the charge-sheet be...since filing of the charge-sheet and they have neither been arrested nor have surrendered before the Court, the applicants have made this third attempt for seeking anticipatory bail...Pramod Pandey, Government Advocate for the respondent/State.
Heard on this third application for anticipatory bail under Section 438 of the Cr.P.C. filed on...
.... The applicant earlier had filed Criminal Misc. Application No. 4896 of 2010. But the same was withdrawn and this is successive bail application on the ground of change of circumstance that inves...) The applicant is in jail since 3rd April, 2010.(iv) Investigation is over and charge sheet is filed.6. In view of the fact that investigation is over and charge ...the parties, this application is taken up for final hearing today.3. The applicant has filed this application u/s 439 of the Code of Criminal Procedure, 1973 for regular in connection...
...central ro le p layed in the embezzlement of Rs.61,467/- ascribed to them in the report of Chief Executive Officer of Janpad Panchayat, Gohparu.
By way of change in circumstance, ...available to the applicants when their first application for anticipatory bail was decided on 15.05.2015. The charge sheet has been filed on 28.06.2015 and the applicants are hampering the progress of the...Cr.P.C. filed on behalf of the applicants Dhan Singh and Smt. Kapasia Bai in crime No.
73/2015 registered by P.S.-Gohparu, District-Shahdol under Sections 306...
...interim custody was rejected before the charge-sheet was filed.4. In view of the change of circumstance, learned counsel for the Petitioner seeks leave to withdraw this pet...now as charge-sheet is filed, the petition does not survive.2. It is not in dispute, that the Petitioner had filed an application seeking interim custody of cash of Rs. 18 lakhs, wh...Magistrate, 66 Court, Andheri, Mumbai vide order dated 05.02.2015. It is not in dispute, that during the pendency of the aforesaid writ petition, charge sheet was filed in the said case...
...application is filed after withdrawal of earlier application for bail, which was filed post submission of charge-sheet and in absence of any substantial change of ....] For pointing out change of circumstance, it is submitted that the matter is settled between the parties and the complainant - original first informant has filed affidavit to that effect. [6.0.] As...rape, the filing of the affidavit by the applicant - accused as a change of circumstance to pray for an order of bail in successive application is required to be rejected on this ground alone that he...
...successive bail application after withdrawal dated 17.03.2020 of regular bail application after charge-sheet is filed without any change of circumstance to that were available at the time...not cosmetic change, nor change of advocate, will clothe this Court with the powers of considering it again on merits, more particularly when applicant failed to show any change of ...the withdrawal of earlier bail application preferred after submission of charge-sheet.
6. An order by which co-accused was released, which is pressed into service, was passed a...
...perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to s...IPC and Sections 11, 13 of MPDVPK Act.4. Earlier the applicant was granted bail on a statement made by the counsel for the applicant that the charge-sheet has been filed...clear that framing of the charges cannot be said to be a change in circumstance. On the contrary, it is indicative of the fact that the Trial Court while framing the charge found that the applicant...
...20.11.2024).
Learned counsel for petitioner in reply submitted that after disposal of the aforesaid earlier petition, now charge-sheet has been filed. Therefore, there is change ...set of facts and for similar reliefs. In the instant petition, the petitioner has not challenged the charge- sheet. Therefore, filing of charge-sheet cannot be considered as change in cir...that with the same set of fact, same crime number and with the same relief another petition was preferred vide M.Cr.C. No.63174/2021 which was dismissed as withdrawn at that time and there is no change...
...another trial and in case he is released on bail, then possibility can not be ruled out that the petitioner will commit some serious offence. It has been submitted that charge-sheet has been filed. Therefore, in view ...registered at Police Station, Palampur, under Section 307 IPC read with Section 25 of the Arms Act and Section 181 of Motor Vehicles Act. The status report has been filed...filed Cr.MP(M) No. 944 of 2009 for granting bail to him but that was dismissed by this Court on 10.11.2009 Thereafter, the petitioner had filed another bail application which was dismissed by learned...
...has been filed under purported change in circumstance of submission of charge-sheet.3. Petitioner being represented by his learned counsel Mr. S.S. Dash, prays to grant ...20.08.2022 and taking into account the submission of charge-sheet and the other circumstance on record in entirety, this Court admits the petitioner to bail.5. Hence, the bail...G. Satapathy, J.:— This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).2. This is a successive bail application u/S. 439 of Cr. P.C. by the...
...and also perused the material available on record. 8. It is not in dispute that the investigation in the case is complete and charge sheet has been filed. The charge sheet was ...No.200331/2021 along with three Crl.P.200547/2021 others. However, having regard to the fact that during the pendency of the said petition, charge sheet was filed, the said petition was dismissed as..., learned HCGP opposes the petition stating that the earlier petition was dismissed as withdrawn after filing the charge sheet and there is no change in circumstance to consider the petitioners bail...
...the change circumstance of filing of charge-sheet that was filed. The injured persons was discharged. Trial will take its own time. It is also submitted that in case of grant ....
2. This is the second bail application under section 439 of CrPC filed by the applicant for grant of bail.
3. The applicant has been arrested on 30/05/2021...in connection with Crime No. 106/2021 registered at Police Station Madhoganj, District Gwalior for offence under Sections 308 of I.P.C. and section 25/27 of Arms Act.
4. It...
...is relevant :- 13. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to ...(4 of 7) [CRLMB-1659/2018] by other side. His main contention is that completion of investigation and filing complaint / charge-sheet is not such a change in circumstances, solely on the basis of ...application was filed before the Principal Sessions Judge after filing of the charge-sheet which was challenged in the High Court and that had travelled to this Court. These facts, unfortunately, have not...
...circumstances. It was observed:
12. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge sheet is filed.... Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State submitted that mere filing of the charge-sheet does not amount to a change in the circumstances...earlier rejection the subsequent bail application should be granted."
9. It was submitted that filing of a charge sheet amounts to a change in circumstances and the...
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