1 Cri.A.4947.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4947 OF 2011 Rohidas S/o Sukhlal Gaikwad ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav, Advocate for Applicant. Shri.K.S.P, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 22TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. Issue Notice to the respondent. Learned APP waives service of notice. This application can be disposed of today itself. 3. The applicant had filed an application for bail before this Court and it was rejected. Thereafter, the charge-sheet came to be filed and present applicant filed an application for bail at Exh.15 in Sessions Case No. 96 of 2011, before the Assistant Sessions Judge, Jalna. The learned Assistant 2 Cri.A.4947.11 Sessions Judge, Jalna by his order dated 31.10.2011 rejected the said application on the ground that there is no change in circumstance. 4. In fact, filing of the charge-sheet itself constitutes change in circumstance, therefore, it was obligatory the Assistant Sessions Judge, Jalna to hear and dispose of the application at Exh.15, on its own merits without going into past. The view taken by the learned Judge while rejecting the application, is not correct. In my view, it would be proper if the present applicant approaches Assistant Sessions Judge or appropriate Sessions Judge, before whom the case is pending and make an application after filing of the charge-sheet again. It would be proper that the said application is decided on its own merits. After hearing this expression, the learned Advocate for the applicant applies for withdrawal of this application and seeks liberty to file a fresh application under the topic “Application for bail after filing of the charge-sheet”. Hence, the following order is passed. 5. The application is allowed to be withdrawn with liberty to file a fresh application for bail under the topic “Application for bail after filing of the charge-sheet”. If such application is filed by the applicant, the trial Court shall decide the same on its own merits, without going into past and treating 3 Cri.A.4947.11 it as filing of the charge-sheet as change in circumstance, within a period of three weeks from the date of filing the same. In the interest of justice, it would be proper that new application shall be heard and decided by some other Judge and not by the Judge, who had rejected the application at Exh. 15, by its order dated 31.10.2011. . Accordingly, the Principal District and Sessions Judge shall arrange to assign new bail application to another Court. Sd/- [ R.Y.GANOO, J. ] MTK