1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 2016/2009 Ravindra Hiralal Shende ..vs.. State of Maharashtra thr. P.S. Keshori --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Mahesh Singh, Advocate for applicant. Mr. D. M. Kale, A.P.P. for non applicant. CORAM:- R. Y. GANOO, J. DATED:- 30 th JULY, 2009. 1. The applicant herein had filed an application for bail under Section 439 of the Code of Criminal Procedure as he is facing trial in Special Case No. 31/2008, which is presently pending in the Court of Ad hoc Additional Sessions Judge, Gondia arising out of Criminal Case No. 18/2008 registered at Keshori Police Station, dist. Gondia for the offences punishable under Section 302, 354 of the Indian Penal Code and under Section 3(1) (x) and (xi) of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 and Section 184, 134 and 177 of the Motor Vehicles Act. 2. In the normal course, this application should have been filed before the Court taking up regular bail 2 applications. As Criminal Revision Application No. 116/2009 was filed by the applicant so as to challenge the order passed by learned Additional Sessions Judge, Gondia, wherein request for discharge came to be rejected and because at the relevant time only one Judge of this Court was taking up regular Criminal Revision as well as Criminal Applications, this application got tagged along with Criminal Revision Application No. 116/2009. Few minutes back, learned Advocate for the applicant has withdrawn said Criminal Revision Application No. 116/2009. Hence, this Court was required to send this bail application to regular Court, taking bail matters. However, before the said order could be passed Mr. Singh, learned Advocate prayed for withdrawal of this application with liberty to file fresh application as according to him, he would be able to bring on record new material on the basis of which he could show that there is change of circumstances between the date of rejecting earlier application and today. 3. In view of this submission, I am inclined to allow the applicant to withdraw this application with liberty to file fresh application, which shall be considered by learned trial 3 Judge, who is conducting the trial in Criminal Case No. 31/2008. 4. In view of above, following order is passed. (a) The applicant is permitted to withdraw application with liberty to file fresh bail application before the learned Judge, who is taking up Special Criminal Case No. 31/2008 wherein the present applicant is shown as accused. It is made clear that this liberty is granted to the applicant as applicant wants to contend that there is change in circumstances between the date of the earlier rejection of the bail application and today. (b) No views are expressed on the merits of the stand taken by the applicant. Learned Additional Sessions Judge shall consider the bail application on its own merits. Application stands disposed of. JUDGE kahale