1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.775 OF 2010 Shri.Siraj Chandsaheb Buwaji and anr. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Ms.Mahalaxmi G. i/by Ms. S.D.Khot and Ameeta Kuttikrishanan for the Applicants. Smt.V.R.Bhosale, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 6th April, 2010 PC : 1 Heard advocate for the applicants. This is an application for grant of bail. Offence is under Section 498 A and 304B read with 34 of the I.P.C. It is seen that earlier application was made before this court and this court permitted to make an application before the Sessions Court. This Court also directed the Sessions Court to consider the matter on merits. It is seen that the Sessions Court has now re-decided the matter but has 2 observed that this is not a stage to decide the case on merits. While deciding the application for bail though the court has stated that there is sufficient material on record but no reference has been made about that material. Even assuming that the charge is framed and the trial is likely to be commenced soon, that alone is not ground enough for the court, not to consider the bail application. The bail application can be presented at any stage and the court is expected to decide the same on merits and if the same is to be rejected, court should indicate the reasons for the same and deal with the said material. In the circumstances, though the application is not granted, the order dated 6.1.2010 passed by the Additional Sessions Judge is set aside and he is directed to re-decide the same dealing with the contentions raised in the applications at Exh.10 and 13 in RCC No.256/2009. The trial court will decide the said applications afresh within a period of 15 days from today. Application is disposed off. 3 2 It is also the grievance of the applicants that there is reference of suicide note and though the charge sheet has been filed, copy of the suicide note has not been made available to the accused. The learned APP states that copy of the suicide note will be filed in the court within a period of one week from today and the copy thereof will be given to the accused or the advocate representing them. ( R.S. MOHITE, J.)