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Bombay High Court

SANDEEP ROHIDAS SALVEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The petitioner, Sandeep Rohidas Salve, filed a bail application before the High Court of Bombay, Aurangabad Bench, seeking release pending trial. During the pendency of the application, the investigating agency filed a charge-sheet, prompting the petitioner's counsel to seek withdrawal of the bail application and to file a fresh application before the trial court. The learned judge considered the procedural propriety of allowing withdrawal after a charge-sheet is filed. The court granted permission to withdraw the bail application, directing the petitioner to file a fresh application with the charge-sheet attached. The bail application was consequently dismissed as withdrawn, with the trial court to decide any fresh application on its merits.

Issues considered

  • What procedural steps are required to withdraw a bail application after a charge-sheet has been filed?

Subjects

  • bail
  • charge-sheet
  • withdrawal
  • trial court
  • procedural law

Judgment

2026:BHC-AUG:37796
                                                 -1-
                                                                    NOB-9-BA-1228-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1228 OF 2026

                                SANDEEP ROHIDAS SALVE
                                        VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                               ..…
              Mr. S. J. Salunke, Advocate for Applicant
              Mr. D. J. Patil, APP for Respondent Nos. 1 and 2 – State
                                               .....

                                            CORAM : HITEN S. VENEGAVKAR, J.
                                            DATED : 20th AUGUST 2026
              PER COURT :

              1.           Not on board. Upon mentioning taken on board.

              2.           Learned Advocate appearing for applicant submits that,
              during pendency of present application, charge-sheet has been filed
              and therefore he has instructions to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              3.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.


              4.           In case, such an application is filed, the Trial Court shall
              decide the same, on its own merits and in accordance with law.


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

                                                       (HITEN S. VENEGAVKAR)
                                                              JUDGE
              Tandale


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