1 Cri.A.4595.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4595 OF 2011 Vivek S/o Padmaraj Mahajan R/o Paranda, Tq. Paranda, District Osmanabad. ...APPLICANT. VERSUS 1) The State of Maharashtra, Through : Police Station Paranda Ta. Paranda, District Osmanabad. ...RESPONDENT. ... Shri.V.D.Salunke, Advocate for Applicant. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 22TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel on both the sides. 2. This is an application filed by the present applicant directly in this Court, after charge-sheet is filed probably on the ground of view taken by the learned Additional Sessions Judge, Osmanbad, while rejecting application for bail filed by the present applicant, after filing of the charge- sheet. It must be mentioned that before filing of the charge-sheet, a Criminal Application No. 2540 of 2011 for cancellation of bail was filed 2 Cri.A.4595.11 against the present applicant. That application was granted by this Court vide order dated 30.08.2011 and thereby bail granted was cancelled. That happened before filing of the charge-sheet. Thereafter, charge-sheet came to be filed in Crime No. 45 of 2011, in which the present applicant has been arrested. 3. After filing of the charge-sheet, present applicant had filed application for bail, bearing Criminal Application No. 587 of 2011, before the Additional Sessions Judge, Osmanabad, which came to be rejected by the learned Judge, by its order dated 10.10.2011. The learned Additional Sessions Judge, Osmanabad rejected the said application by observing that there is no change in the circumstances. 4. Having perused above order, I hold that view taken by the learned Additional Sessions Judge, Osmanabad is not correct. He should have appreciated that any application for bail has been filed before filing of the charge-sheet stand on one footing, whereas application for bail after filing of the charge-sheet stand on different footing. The Court is required to consider the said application on merits without going into past, including the previous fact of cancellation of bail. In my view, once application for bail is filed after filing of charge-sheet, it was necessary for the learned 3 Cri.A.4595.11 Additional Sessions Judge to consider the said application on its merits, without going into developments, which had taken place prior to filing of the charge-sheet. 5. In view of the above, it would be proper for the present applicant to approach before learned Additional Sessions Judge, Osmanabad with fresh application under the caption “Application for bail after Charge-sheet” and once such application is filed by the applicant, the learned Additional Sessions Judge, Osmanbad will to hear and dispose of the said application on its own merits without going into the order passed by this Court on 30.08.2011, by which bail granted earlier was revoked. 6. After hearing this expression, learned Advocate for the applicant upon instructions applies for withdrawal of this application with liberty to file fresh application under the caption “Application for bail after Charge- sheet” . In view of the above, following order is passed: . The applicant is allowed to withdraw this application with liberty to file a fresh application under the caption “Application for bail after Charge-sheet”. If application is filed by the applicant, the learned Additional Sessions Judge, Osmanbad will to hear and dispose of the said 4 Cri.A.4595.11 application on its own merits, without going into whatever has happened in past before filing of the charge-sheet, within a period of three weeks from the date of filing of such application. . Needless to mention that the learned Additional Sessions Judge, Osmanabad, while deciding new application shall not feel influenced the order dated 30.08.2011, passed by this Court in Criminal Application No. 2540 of 2011. In the interest of justice, it will be proper that new application shall be heard and decided by some other Judge and not by the Judge, who had rejected the application bearing No. 587 of 2011 by its order dated 10.10.2011. . Accordingly, the Principal District and Sessions Judge shall arrange to assign new bail application to another Court. Sd/- [ R.Y.GANOO, J. ] MTK