( 1 ) 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.619 OF 2008 CRIMINAL APPLICATION NO.619 OF 2008 CRIMINAL APPLICATION NO.619 OF 2008 Sham Ramchandra Dabhade .. Applicant. Versus The State of Maharashtra .. Respondent. Mr.Sudhir Halli for the applicant. Ms.Alpa Jhaveri, A.P.P. for the respondent -State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 3rd June, 2008. DATED : 3rd June, 2008. DATED : 3rd June, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Halli for the applicant and Ms.Jhaveri for the State. 2. After this bail application was argued for some time on the last occasion and as of today, the learned Advocate Mr.Halli applies for withdrawal of this bail application with liberty to move the learned Additional Sessions Judge at Pune to seek bail by contending that there is a change of circumstance. 3. I have perused the text of the order dated 21.2.2008. Paragraph 3 of the order specifically makes a mention that the learned Additional Sessions Judge had considered the charge-sheet. This would mean that hearing of the bail application after the filing of the charge-sheet was over and the bail application has been rejected. In these circumstances, if the applicant wants to withdraw this ( 2 ) bail application and move the learned Additional Sessions Judge solely on the ground of change of circumstance, this Court cannot preclude the applicant from doing so. In view of this, liberty can be granted to the applicant to move the learned Additional Sessions Judge praying for bail by contending that there are change of circumstances with reference to the order dated 21.2.2008. In view of the above, I pass the following order :- a) Request for withdrawal of bail application is granted. b) The applicant is permitted to file a bail application before the learned Additional Sessions Judge to whom the Sessions Case No.500 of 2007 is assigned on the ground that there is a change of circumstance. c) If such an application is made, it shall be heard on merits. 4. In view of the above, application stands disposed off in above terms. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)