Bombay High Court

VAIBHAV DILIP SHELKEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The bail application is dismissed as withdrawn, with liberty granted to the applicant to file a fresh application before the trial court.

Summary

The applicant, Ashok Ramdas Mahajan, filed a bail application (BA/1282/2026) along with a criminal application (CRIMINAL APPLICATION NO. 3251 OF 2026) before the High Court, Aurangabad Bench. During the pendency of the bail application, the charge‑sheet was filed. The applicant, through counsel, sought to withdraw the bail application and requested liberty to file a fresh application before the trial court. The Court granted liberty to file a fresh application and dismissed the bail application as withdrawn. Consequently, the pending civil application was also disposed of.

Issues considered

Whether the bail application can be withdrawn by the applicant during pendency.
Whether the applicant should be granted liberty to file a fresh bail application before the trial court after the charge‑sheet is filed.

Subjects

bail
withdrawal
fresh application
charge sheet
criminal procedure
trial court

Judgment

2026:BHC-AUG:36972
                                                 -1-
                                                                     49-BA-1282-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1282 OF 2026
                                           WITH
                           CRIMINAL APPLICATION NO. 3251 OF 2026
                                      IN BA/1282/2026

                                 ASHOK RAMDAS MAHAJAN
                                         VERSUS
                                THE STATE OF MAHARASHTRA
                                              ......
              Advocate for Applicant : Mr. Amol Shivajirao Sawant
              APP for Respondent - State : Mr. K. K. Naik
              Advocate for Applicant in APPLN/3251/2026 : Mr. A. R. Hange
                                              ...…

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 17th AUGUST 2026
              PER COURT :

              1.           Learned Advocate for applicant, on instructions, seeks
              withdrawal of the present application with liberty to file a fresh
              application before the Trial Court.


              2.           In view of the charge-sheet filed during pendency of the
              present application, liberty is granted to the applicant to file a
              fresh application before the Trial Court.


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


              4.           In view of dismissal of bail application, pending civil
              application is also disposed of.

                                                       (HITEN S. VENEGAVKAR)
                                                              JUDGE
              Tandale

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