Bombay High Court

MUSHRAF ILIYAS KHANversusKALIM GULJAR SHAIKH AND OTHERS

Disposal: DISPOSED OFF

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.

Summary

The applicants filed a bail application (Bail Application No. 1449 of 2026) in the High Court of Bombay, Aurangabad Bench. While the application was pending, the charge-sheet was filed, prompting the applicants to seek withdrawal of the bail application and permission to file a fresh bail application before the trial court based on the charge-sheet. The Court allowed the withdrawal, directing that the applicants may approach the trial court with a fresh bail application and that the trial court should consider it expeditiously. The pending criminal application (No. 3208/2026) was also disposed of. No substantive merits of bail were decided.

Issues considered

Whether a bail application pending before the High Court can be withdrawn after the filing of a charge-sheet
Whether the applicant is entitled to liberty to file a fresh bail application before the trial court

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:41847
                                                                          932na1449-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            932 BAIL APPLICATION NO. 1449 OF 2026

                                Kalim Guljar Shaikh And Another
                                            VERSUS
                                    The State Of Maharashtra
                                               ...
            Mr. Sharma Kartik Rajesh, Advocate for the Applicant
            Mr. V. K. Kotecha, APP for the Respondent-State
                                              WITH
                          CRIMINAL APPLICATION NO. 3208 OF 2026
                                        IN BA/1449/2026

                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 08th September, 2026
            PER COURT :-

            1.        The learned Advocate for the Applicants submits that, during
            the pendency of the present Application, the charge-sheet has been
            filed. He, therefore, seeks permission to withdraw the present
            Application with liberty to approach the learned Trial Court by filing a
            fresh Bail Application on the basis of the charge-sheet.

            2.        The Bail Application stands disposed of as withdrawn with
            liberty to file fresh Application along-with charge-sheet before the
            learned Trial Court.

            3.        If the applicant prefers the fresh bail application, the trial
            court shall consider it on it own merits as expeditiously as possible.

            4.        Pending Criminal Application No. 3208/2026 also stands
            disposed of.



                                                        ( HITEN S. VENEGAVKAR, J.)


                 JPChavan                                                        1 of 1

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