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Bombay High Court

SAMIR AHEMAD KHAN KALIL KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The bail application was dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The petitioner, Arafat Fazal Patel, filed a bail application before the Bombay High Court, Aurangabad Bench, in a criminal case (Criminal Application No. 3075/2026) against the State of Maharashtra. The applicant's counsel informed the court that the investigation was complete and a charge-sheet would be filed within a few days, and consequently sought permission to withdraw the bail application with liberty to file a fresh application before the trial court. The bench, presided over by Justice Hiten S. Venegavkar, granted the request to withdraw the bail application. The court directed that if the application is filed together with the charge-sheet, the trial court should decide it according to law. Accordingly, the bail application was dismissed as withdrawn, and the criminal application was also disposed of.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • charge-sheet
  • High Court

Judgment

2026:BHC-AUG:42963
                                                  -1-
                                                                        NOB-8-BA-1492-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                                BAIL APPLICATION NO. 1492 OF 2026
                                      WITH APPLN/3075/2026
                                           Arafat Fazal Patel
                                                Versus
                                       The State of Maharashtra
                                                   ….
                            Mr. Satej S. Jadhav, Advocate for the Applicant
                        Mrs. Ashlesha Deshmukh, APP for the Respondent-State
                                                   .…
                                            CORAM : HITEN S. VENEGAVKAR, J.
                                             DATED : 15th SEPTEMBER 2026
              PER COURT :
              1.             Not on board. Upon mentioning taken on board.

              2.             Learned   Advocate     appearing     for    applicant,    on
              instructions submits that, investigation is complete and the
              charge-sheet is likely to be filed within couple of days. Learned
              Advocate, on instructions, seeks leave to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              3.             Permission to withdraw is granted.

              4.             In case the application is preferred alongwith the
              charge-sheet then the learned Trial Court decide the same in
              accordance with law.

              5.             Bail application is dismissed as withdrawn with liberty
              as prayed.

              6.             Criminal Application No.3075/2026 is also disposed of.


                                                        (HITEN S. VENEGAVKAR)
                                                               JUDGE

              Tandale


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