[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 106 OF 2007 CRIMINAL APPLICATION NO. 106 OF 2007 CRIMINAL APPLICATION NO. 106 OF 2007 Rajesh Gauram Aher ..Applicant V/s The State of Maharashtra ..Respondent. Mr. S.V. Marwadi, Advocate for the applicant Ms. M.H. Mhatre, APP for the State. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. DATE : 12TH FEBRUARY, 2007. DATE : 12TH FEBRUARY, 2007. DATE : 12TH FEBRUARY, 2007. P.C. . Heard Mr. Marwadi, learned Counsel for the applicant and Mrs. Mhatre, APP makes a statement that the police is going to file charge-sheet in the matter within next two days. In view of this, without going into the merits Mr. Marwadi seeks to withdraw the application, so that he may file application before Sessions Court for bail. 2. The application stands disposed of as withdrawn with the aforesaid relief, keeping the merits of the case open. The learned Sessions Judge, shall dispose of [2] the application, if filed, on the basis of the facts and merits which may be brought to his notice without being influenced by the earlier order rejecting the application as it was when charge-sheet was not filed. (J.H. BHATIA, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.)