..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2619 OF 2008 Mr.Rajesh Tushar Sawant. ..Applicant. Versus State of Maharashtra. ..Respondent. .... Mr.A.M.Saraogi, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 12th August, 2008. DATED : 12th August, 2008. DATED : 12th August, 2008. P.C.: 1. Heard. 2. The applicant is seeking bail in C.R.No.I-46 of 2008 of Narpoli police station. The said case is under Section 394 of IPC. 3. The applicant had earlier preferred an application for bail before the Sessions Court, which came to be rejected. At that time, investigation was going on. Thereafter charge-sheet came to be submitted and hence second application came to be filed by the applicant for bail before the Sessions Court. The said application came to be rejected by ..(2).. the learned Sessions Judge by order dated 7.7.2008. In the said order, it is observed that earlier bail application is already rejected by the predecessor of the Court and merely because the charge-sheet has been submitted it is not proper for the Court to reconsider the application. 4. It is well settled that filing of charge-sheet is a change in circumstance which would entitle the accused person to apply afresh for bail. When the prayer for bail is rejected when the investigation is going on, the entire material against the accused person may not be available. Only after the investigation is complete, it can be said that all the material against the accused person has been collected by the investigating agency. Only after the charge-sheet has been filed can it be said that the material against the accused person has crystalised. When an application is preferred by an accused person after filing of charge-sheet, the proper course would be that the concerned Court should consider the material gathered by the investigating agency and thereafter dispose of the application for bail on merits. ..(3).. 5. In view of the above, in my opinion, an opportunity ought to be given to the applicant to prefer a fresh application for bail before the Sessions Court. Liberty is granted to the applicant to prefer a fresh application for bail before the Sessions Court. On such application being preferred, the learned Sessions Judge shall hear the matter afresh and dispose it of on merits without being influenced by the order dated 7.7.2008. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)