1 BA 1273 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1273 OF 2011 Supratim Choudhary .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Rajiv Desai with A. Roy i/b Roys’ Law Firm, for the applicant. Mr. B. A. D’Lima for the first informant. Mrs. P.P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st October, 2011 P.C. 1. This is the second application for bail after the first was rejected by order dated 26th October, 2010, on the ground that now the charge in the case has been framed. Learned counsel for the applicant submits that whatever observed by me while rejecting the earlier bail application, is not necessarily reflected in the charge framed by the learned Metropolitan Magistrate on 30th October, 2010. Before framing of charge, Criminal Application No. 112 of 2011 for bail filed by applicant, was allowed to be withdrawn on 21st March, 2011. Framing of charge cannot be a circumstance in favour of the applicant since framing of a charge shows application of mind by the learned Magistrate by arriving at a conclusion that there is a ground for presuming that accused has 2 BA 1273 OF 2011 committed the offences for which he is charged. 2. The apprehension of the learned counsel for the applicant is that the charge is different from what is observed by me in my order dated 26th October, 2010. It does not mean that the applicant has to face two charges. He has to face the charge which has been framed by the learned Magistrate. The observations in the orders which are passed by the Court granting or rejecting bail, are only for the purpose of considering that particular application and such observations are not supposed to bind the Court trying the accused. 3. Since it is not the case that any material, which was not before the Court while rejecting earlier application, has now surfaced warranting a fresh look, no case for grant of bail is made out. Application is rejected. (R. C. CHAVAN, J.)