1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2726 OF 2010 Arun S/o Uttamrao Gite ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. A.M. Gaikwad, Advocate for the applicant Mr. B.J. Sonawane, A.P.P. for respondent no.1. Mr. S.W. Mundhe, Advocate for respondent no.2. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 29 th October, 2010. PER COURT : 1. Heard. Since the bail is granted to the respondent no.2 in second application without change in circumstances it deserves to be cancelled. The application is therefore being disposed of in following terms. (i) The impugned order rendered by the Court of Sessions, Ambejogai, granting bail to respondent no.2-Amarnath stands quashed. (ii) Respondent no.2-Amarnath shall surrender before the Court of Sessions immediately on reopening of the Court of Sessions, Ambejogai, after the Dipawali Vacations are over and will be at 2 liberty to file fresh bail application seeking regular bail. The bail application shall be considered by the Sessions Court on its own merits and having regard to the material appearing from the charge sheet in as much as the charge sheet has been filed during the pendency of the present application. The Sessions Court to expeditiously decide such application without being influenced by any of the observations in the earlier orders of rejection of the application as well as granting of the application or other material which was not before the Court while passing previous orders. 2. The application is disposed of. 3. The protection available to respondent no.2-Amarnath vide the impugned order, granting him bail, shall be continued till the end of Dipawali vacation i.e. till reopening of the Court after vacation. 4. The parties to act upon the copy of this order duly authenticated by the Court Shirestedar. (V.R.KINGAONKAR) JUDGE gas/cri2726.10