Bombay High Court

ALI ASGAR SAIFUDDIN PETIWALAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The bail application is disposed of as withdrawn, with liberty granted to reapply before the trial court with the charge sheet.

Summary

The applicants, Abdul Kashif Khan and Abdul Rahman Khan, filed a bail application in the Bombay High Court, Aurangabad Bench, seeking release pending the filing of a charge sheet. Their counsel requested permission to withdraw the bail application so that a fresh application could be filed after the charge sheet is prepared. The Court granted liberty to withdraw the bail application and allowed the applicants to approach the trial court again with the charge sheet. Consequently, the bail application was marked as withdrawn and disposed of. The Court also ordered that the pending Criminal Application No. 3253 of 2026 be disposed of in view of the withdrawal.

Issues considered

Whether a bail application may be withdrawn and a fresh application filed after the charge sheet is filed?

Subjects

bail
withdrawal
charge sheet
criminal procedure
high court

Judgment

2026:BHC-AUG:40477
                                                                        961ba1574-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           961 BAIL APPLICATION NO. 1574 OF 2026

             Abdul Kashif Khan Abdul Rahman Khan Alias Juned Khan ( As Per Fir)
                                              VERSUS
                                      The State Of Maharashtra
                                                 ...
            Mr. Dhanraj S. Ingole h/for Mr. Ghanekar Nilesh S., Kahalekar Kuldip
            S., Advocate for the Applicant
            Mr. D. J. Patil, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 2nd September, 2026
            PER COURT :-

            1.       The learned Advocate appearing for the applicants submits

            that the charge sheet is likely to be filed. On instructions, he seeks

            leave to withdraw the bail application with liberty to approach the trial

            court afresh with copy of the charge-sheet.


            2.       Liberty as prayed is granted. If the applicant prefers any fresh

            application alongwith charge-sheet seeking bail, the same be decided

            in accordance with law, on it sown merits. The bail application stands

            disposed of as withdrawn.


            3.       In view of disposal of the Bail Application, pending Criminal

            Application 3253 of 2026 also stands disposed of.




                                                          (HITEN S. VENEGAVKAR, J.)
 JPChavan



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