IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2578 OF 2007 APPLICATION NO.2578 OF 2007 APPLICATION NO.2578 OF 2007 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- Ms.Revati Ms.Revati Ms.Revati Mohite Dere for Mohite Dere for Mohite Dere for Applicant Applicant Applicant Mr.K.V.Saste Mr.K.V.Saste Mr.K.V.Saste APP for State APP for State APP for State Coram: Coram: Coram: V.C.Daga, J V.C.Daga, J V.C.Daga, J Date: Date: Date: 8th August, 2007 8th August, 2007 8th August, 2007 Heard Heard Heard learned counsel for the learned counsel for the learned counsel for the applicant applicant applicant and learned A.P.P. and learned A.P.P. and learned A.P.P. This This This is an application under is an application under is an application under section section section 439 of the Cr.P.C. to 439 of the Cr.P.C. to 439 of the Cr.P.C. to seek seek seek bail after suffering an bail after suffering an bail after suffering an adverse adverse adverse order dated 10th April, order dated 10th April, order dated 10th April, 2007 2007 2007 from the Court of Additional from the Court of Additional from the Court of Additional Sessions Sessions Sessions Judge, Pune in Judge, Pune in Judge, Pune in CR.M.A.No.850/2007. CR.M.A.No.850/2007. CR.M.A.No.850/2007. In In In para 4 the learned para 4 the learned para 4 the learned Additional Additional Additional Sessions Judge while Sessions Judge while Sessions Judge while rejecting rejecting rejecting bail application had bail application had bail application had observed observed observed that filing of the that filing of the that filing of the charge charge charge sheet does not amount to sheet does not amount to sheet does not amount to change change change in circumstances. This in circumstances. This in circumstances. This finding finding finding is absolutely incorrect is absolutely incorrect is absolutely incorrect and and and contrary to the settled legal contrary to the settled legal contrary to the settled legal position position position settled by this Court as settled by this Court as settled by this Court as well well well as the apex Court. as the apex Court. as the apex Court. In In In the above view of the the above view of the the above view of the matter, matter, matter, the impugned order is the impugned order is the impugned order is liable liable liable to be set aside and the to be set aside and the to be set aside and the original original original application under application under application under section section section 439 Cr.P.C. is liable to 439 Cr.P.C. is liable to 439 Cr.P.C. is liable to be be be restored to the file of the restored to the file of the restored to the file of the learned learned learned Additional Sessions Judge Additional Sessions Judge Additional Sessions Judge with with with a direction to reconsider a direction to reconsider a direction to reconsider the the the application for bail on application for bail on application for bail on merits merits merits treating the event of treating the event of treating the event of filing filing filing charge sheet as a change charge sheet as a change charge sheet as a change in in in circumstances. circumstances. circumstances. All All All rival contentions on rival contentions on rival contentions on merits merits merits are kept open. In the are kept open. In the are kept open. In the result, result, result, this application stands this application stands this application stands disposed disposed disposed of in terms of this of in terms of this of in terms of this order. order. order. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J)