BA-793-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.793 OF 2011 Baburao Ramaswami Ramanna ... Applicant V/s. The State of Maharashtra, Thru' Vartaknagar Police Station, Thane ... Respondent Mr. A.A. Kumbhakoni i/b. Mr. V.V. Purwant for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 10 TH JUNE, 2011. P.C. : 1. Heard Mr. Kumbhakoni, the learned Counsel for the Applicant, and Mr. Saste, the learned APP for the Respondent. 2. The Applicant, who is the accused No.1 in Sessions Case No.5 of 2010 pending before the District Judge-3 & Additional Sessions Judge, Thane, prays for bail. The Applicant had earlier made an application before this Court for bail, but from the order dated 30th April, 2010, it appears that, after advancing some arguments, the said application was withdrawn by the Applicant. Later on, the Applicant made another application before this Court, which was rejected on the ground that there was no change in the circumstances after the previous application had been withdrawn. BA-793-11.sxw 2 Dixit 3. Mr. Kumbhakoni, the learned Counsel for the Applicant, submits that after the rejection of the said application by the order dated 9th February, 2011, there has been substantial and material change in the circumstances. He submits that some of the co-accused in the case have thereafter been released on bail. More importantly, he submits that the accused No.12, who is supposed to be the co-conspirator, has also been released on bail by the trial Court itself. He submits that the case of the Applicant is on par with that of the said co-accused, who has been released on bail by the trial Court. 4. After considering all the relevant aspects of the matter, I think it proper that the Applicant should be permitted to apply afresh for bail before the trial Court in view of the change in the circumstances. 5. In the event of such an application being made by the Applicant before the trial Court, the trial Court shall consider the same on merits and in the light of the present position of the case, without being influenced in any manner by the rejection of the previous applications of the Applicant made by this Court. 6. The Bail Application stands disposed of accordingly. [A.M. THIPSAY, J.]