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2023 Supreme(Bom) 1361

AMIT BORKAR
Ajay Rajaram Hinge – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manoj Mohite, Sachin Arude, Priyanka Chavan, Shailesh D. Chavan.
For the Respondent: Veera Shinde.

ORDER :

1. This is an application for bail under section 439 of the code of criminal procedure that has come before me after an earlier bail application was rejected by a co-ordinate judge of this Court (Coram: Bharti Dangre, J.).

2. A principle of law has become settled by a series of decisions of the Apex Court and this Court that a subsequent bail application should invariably be placed before the same learned Judge of the High Court, if available, who has heard and disposed of the earlier application. [See: Shahzad Hasan Khan vs. Ishtiaq Hasan Khan and Another, (1987) 2 SCC 684, State of Maharashtra vs. Captain Buddhikota Subha Rao, 1989 Supp. (2) SCC 605, Harjeet Singh @ Seeta vs. State of Punjab and Another, (2002) 1 SCC 649, M. Jagan Mohan Rao vs. P.V. Mohan Rao and Another, (2010) 15 SCC 491, Jagmohan Bahl and Another vs. State (NCT of Delhi) and Another, (2014) 16 SCC 501, M/s Gati Limited vs. T. Nagarajan Pirmiajee and Another in Criminal Appeal No. 870 of 2019, Menino Lopes vs. State of Goa, 1994 Mh. L.J 1803, Digambar Manohar Satam vs. State of Maharashtra, 2013 SCC Online Bom. 1154].

3. Though there is no paucity of precedents covering the principle directly as the princi

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