IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4208 OF 2007 CRIMINAL APPLICATION NO.4208 OF 2007 CRIMINAL APPLICATION NO.4208 OF 2007 Sunil Nagnath Jadhav ..Applicant versus State of Maharashtra & Others ..Respondents Mr.Jha for the Applicant Mr.Pednekar for the Respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th April, 2008. DATED : 17th April, 2008. DATED : 17th April, 2008. P.C. 1. Heard learned Advocates on both the sides. The applicant is shown to be arrested in C.R.No.304 of 2007 of Ambernath Police Station under Section 306 of I.P.C. I have perused the Order dated 19.11.2007. It appears that the learned trial Judge did not consider the chargesheet as deciding the case of the applicant for grant of bail or otherwise. It appears from the last few lines of the Order that the learned trial Judge concerned himself as to whether there are any changes in the circumstances. It is required to be mentioned that when a person is arrested he can make bail application at stage to be called as "Before filing of the chargesheet" is concerned and the next stage i.e. "After filing of the Chargesheet". Once the application for bail is filed, after filing of the chargesheet it will be boundant duty of the learned Sessions Judge to consider as to whether from the chargesheet filed by the police, prima facie case is made out or not and also apply other tests to decide whether the application deserves to be granted or rejected. In my view, it would be proper in the face of the order dated 14.1.2007 that the applicant should make application before the learned Ad-hoc District Judge I & Addl. Sessions Judge, on the strength of the chargesheet filed against him and make out a fresh case of bail irrespective of the rejection of bail application dated 19.11.2007, so that the applicant can make out a case for bail before the learned trial Judge and that the learned trial Judge can consider the same on the basis of well established principles of law. It is required to be clarified that the Order dated 19.11.2007 shall not be read against the present applicant when a fresh application will be filed. The learned trial judge shall consider the same on merits without being influenced by the earlier bail order or the fact that the applicant had moved this Court for bail. No views are expressed on the merits of the case and the learned trial Judge is free to pass order on the basis of the well established principle of law. Hence, I pass the following order. ORDER ORDER ORDER i) The Applicant shall move the court of learned Ad-hoc District Judge-I & Addl. Sessions Judge, Kalyan by filing fresh bail application on the strength of the chargesheet filed by the concerned police station, and make out a case for bail. ii) The learned Ad-hoc District Judge-I & Addl. Sessions Judge, Kalyan shall consider the said bail application irrespective of what has happened in the past, including the Order dated 19.11.2007 on merits and decide the said bail application on the basis of well established principles of law. The learned trial Judge shall not get influenced by the fact that the applicant had moved this Court. The merits of the matter are left open. iii) This bail application is disposed of in above terms. (R.Y.Ganoo, (R.Y.Ganoo, (R.Y.Ganoo, J.) J.) J.)