1 Cri.A.4445.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4445 OF 2011 1. Amol S/o Bhimrao Kamble, Age : 21 Years, Occup.: Education R/o Karadkhel , Tq. Udgir, District : Latur. And another ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. V.D.Gunale,Advocate for Applicants Shri. B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R,Y.GANOO, J. DATE : 8TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicants are arrested in connection with Crime No. 76 of 2011, registered at Udgir (Rural) Police Station, District Latur. After filing of the Charge-sheet the applicants had filed bail application before the learned Additional Sessions Judge, Udgir. That application was rejected by the learned Additional Sessions Judge, Udgir by order dated 28.09.2011. 2 Cri.A.4445.11 On account of subsequent development, the applicants have approached this Court. My attention was drawn to the para No. 8 of the order dated 28.09.2011, wherein the learned Additional Sessions Judge, Udgir has observed that earlier bail application was rejected by passing reasoned order dated 06.07.2011 and therefore, the application filed by the applicants, after filing of the charge-sheet cannot be entertained as there is no change in circumstance or development. It is noted that the bail application is primarily rejected on this ground, though the observation is made about the prima facie case have not been made out by the applicants. 3. In this view, it is required to be mentioned that if the person is arrested, he is entitled to file an application for bail at the stage, which is mainly referred to as application for bail before filing of the Charge-sheet. It is possible that he may get bail or his application for bail may be rejected. After filing of the charge-sheet i.e. after investigation is over and at the stage of filing of charge-sheet the applicant is entitled to file an application for bail also and at that stage the concerned Court has to entertain such bail application and cannot look into the past and trace for change of circumstance. Very fact that the charge-sheet is filed itself is change of circumstance and it would be mandatory for Sessions Judge to entertain such application on merits and decide the same. View taken by the learned 3 Cri.A.4445.11 Additional Sessions Judge, Udgir while rejecting the application is not correct. 4. Even so far these applicants are concerned, it will be open for these applicants to file a fresh bail application for bail again at the stage of after filing of the charge-sheet, despite rejection of the such application by order dated 28.09.2011. The learned Additional Sessions Judge, Udgir has misdirected himself while entertaining the said bail application. If such application is filed by the applicant and same will have to be adjudicated by the learned Additional Sessions Judge, Udgir under the caption “ Bail application after filing of the charge-sheet” by applying normal principles of entertaining bail applications and on merits of such bail application. 5. At this stage, the learned counsel appearing for the applicants seeks permission to withdraw this application with liberty to file a fresh application for bail, after filing of the charge-sheet. He also prays for early disposal of the said application. 6. In view of the aforesaid observation and submission made by the learned counsel for the applicants, the following order is passed: 4 Cri.A.4445.11 . Each of the applicant is at liberty to make a fresh bail application before the learned Additional Sessions Judge, Udgir, under the caption “Bail application after filing of the charge-sheet”. If such application/s is filed pursuant to the liberty granted by this Court, such application shall be disposed of by the concerned Court within five days from the date of filing such application/s. It is also made clear that the learned Additional Sessions Judge, Udgir shall not look into the past and shall peruse the charge-sheet and entertain such application and pass appropriate order on its merit. The applicants are directed to annex the copy of this order along with the bail application before the lower Court pursuant to the liberty granted by this Court. This Court has not expressed any opinion on merits of the case. . Accordingly, the Criminal Application is disposed of in the above terms. . Authenticated copy of this order be provided to the parties, on request. Sd/- [ R.Y.GANOO, J. ] MTK 5 Cri.A.4445.11