..(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.3087 OF 2008 Mr.Kishor Kashinath Handore. ..Applicant. Versus Versus Versus State of Maharashtra. ..Respondent. .... Mr.Sudhir Halli, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 2nd September, 2008. DATED : 2nd September, 2008. DATED : 2nd September, 2008. P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No.256 of 2008 of Sahakarnagar Police Station, Pune. The said case is mainly under Section 498A, 304B of IPC. 3. The applicant had preferred an application ..(2).. for bail before the Sessions Court which came to be rejected on 30.8.2008. The said application came to be rejected by observing as follows : "The previous bail application of Kishore was rejected on merits and that too after filing of the charge-sheet in the Court. Thus, I do not find any change in circumstances. When the previous bail application is rejected on merits and that too on perusal of the charge-sheet, then the successive bail application adverting the same grounds are not maintainable before the same Court. Thus, I do not find any merit in the present application." 4. It is seen that the previous bail application of the applicant was rejected by the Sessions Court on 15.7.2008. The charge-sheet came to be filed on 18.8.2008. Obviously when the previous bail application was rejected on 15.7.2008 at that time the charge-sheet had not been filed. Thus, this observation in the order dated 30.8.2008 is clearly erroneous. Looking to ..(3).. this fact, in my view an opportunity ought to be given to the applicant to prefer a fresh application for bail before the Sessions Court. On such application being preferred before the Sessions Court, the learned Sessions Judge to consider the same afresh and dispose it of on merits. 5. With the above observation, Criminal Application is disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)