Bhupendra Mahendra Bhingarde vs The State Of Maharashtra
2023 Latest Caselaw 8329 Bom

                                     1                              32-BA-1311-23.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


                       BAIL APPLICATION NO.1311 OF 2023

                 BHUPENDRA MAHENDRA BHINGARDE
                                VERSUS
                     THE STATE OF MAHARASHTRA
                                    ...
           Advocate for Applicant : Mr. Abhaykumar D. Ostwal
                  APP for Respondent : Mr. K. S. Patil
                                    ...

                                          CORAM :        S. G. MEHARE, J.

                                          DATE       : 17-08-2023
PER COURT :-

1. Heard the learned counsel for the applicant and the learned

A.P.P. for the respondent/State.

2. It has been argued that the administrative order/circular of

this Court, dated 18.06.2019 was in relation to the subject matter

of the bail application referred before the Hon'ble Chief Justice of

this Court. Since those applications were decided, it is not

applicable to the other cases.

3. To bolster his arguments, the learned counsel for the

applicant relied on the cases of (1) Ajay Rajaram Hinge Versus

State of Maharashtra, 2023 SCC OnLine Bom 1551, (Bail

Application No.1738 of 2023) and (2) Digambar Manohar Satam

Versus State of Maharashtra, 2013 SCC OnLine Bom 1154.

2 32-BA-1311-23.odt

4. In the latest case of Ajay Rajam Hinge (supra), this Court at

Principal Seat, after having gone through the earlier judgment of

Hon'ble Supreme Court as regards dealing with the successive bail

application, has observed that the proper course for the applicant

would be to move the same learned Judge who had earlier

permitted the applicant to withdraw the application and, in that

context, dismissed the application. In the case of Ajay (supra), the

circular/administrative order, dated 18.06.2019, was discussed. It

has been held that there were various judicial pronouncements of

the Hon'ble Supreme Court as regards dealing with the successive

bail application. The view of the Hon'ble Supreme Court is

consistent that every successive bail application shall be placed

before the same Judge who had decided the application earlier,

particularly when the same Hon'ble Judge is available and is

having sitting at the bench. It has also been observed in paragraph

10, that reads thus;

"10. On consideration of the consistent view of the Apex Court, which is binding on the High Court and all other Sub-ordinate Courts under Article 141 of the Constitution of India, the order dated 18th June 2019, passed by the then chief Justice being restricted to the individual case referred and the standing order dated 29th February 2008, referred by single Judge in the case of Digambar Manohar Satam Vs. State of Maharashtra reported in 2013 SCC OnLine Bom 1154, in my opinion, the proper course for the applicant would be to move the same learned Judge who had earlier permitted the applicant to withdraw the application and, in that context, dismissed the application."

3 32-BA-1311-23.odt

5. In view of the view taken by the learned Single Bench of this

Court Principal Seat at Bombay, the Court without deferring with

the said view direct the Registry to place the matter before the

same Judge who dealt with the bail application earlier.

6. Remove from the Board.

( S. G. MEHARE ) JUDGE rrd