( 1 ) cria5263.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5263 OF 2011 1. Vijay s/o. Prakash Kokre .. Applicants Age. 25 years, Occ. Education, 2. Vinayak @ Vinod s/o. Prakash Kokre Age. 19 years, Occ. Education, R/o. Snehnagar, Police Colony, Nanded. Versus The State of Maharashtra .. Respondent Smt. S.S. Jadhav h/f. Mr. S.S. Jadhav, Advocate for the applicants. Mr. K.S. Patil, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 22.12.2011 P.C. :- 1. The applicants are arrested in Crime No.142 of 2011 of Bhagyanagar Police Station, Nanded. Their application for bail before filing of charge-sheet was rejected. Thereafter, present applicants, namely, Vijay and Vinayak filed bail application in Sessions Case No. 150 of 2011. That was done after filing of the charge- ( 2 ) cria5263.11 sheet. Said application was decided by learned Principal District & Sessions Judge, Nanded. By order dated 14th October, 2011, it was rejected. Perusal of said order would go to show that learned Judge while rejecting said application, in para 3 looking into earlier developments observed that filing of charge-sheet is no change in circumstance. In view of this observation, I am inclined to observe that the case of present applicant was not considered on the basis of charge-sheet as a whole though there is some discussion about merits of the matter. The learned Judge while deciding bail application should have noted that once application is filed after charge-sheet, said application is required to be decided regardless of what has happened in the past. 2. On hearing this application, learned advocate for the applicant seeks permission to withdraw this application with liberty to file fresh bail application under the caption ‘application for bail after charge- ( 3 ) cria5263.11 sheet’. In view of this following order is passed :- 3. The application is allowed to be withdrawn. Liberty is granted to the applicants to file fresh application for bail after charge-sheet. Once such application is filed, said application shall be considered on merits, after going through the charge- sheet, what is happened in the past. If such application is filed, same shall be assigned by the learned Principal District & Sessions Judge to some other Additional Sessions Judge, who is empowered to hear bail applications in a case where charge is under 302 of the I.P.C. [R.Y. GANOO, J.] snk/2011/DEC11/cria5263.11