Bombay High Court

AKSHAY DADU CHAVAN AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicants, Akshay Dadu Chavan and another, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet in the underlying criminal case. The applicant's counsel sought permission to withdraw the bail application and to file a fresh application before the trial court, attaching the charge-sheet. The Court granted the request, allowing the withdrawal and permitting a fresh application to be filed with the charge-sheet. It directed that any subsequent application would be decided by the trial court on its merits. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after the filing of a charge-sheet and the applicant be permitted to file a fresh application before the trial court.

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:38138
                                                 -1-
                                                                      948-BA-1241-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1241 OF 2026

                          AKSHAY DADU CHAVAN AND ANOTHER
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                             ......
              Advocate for Applicant : Mr. Rahul R. Karpe
              APP for Respondent - State : Mrs. Ashlesha S. Deshmukh
                                              .....

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

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

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


              3.           In case, such an application is filed, the Trial Court shall
              decide the same, on its own merits.


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

                                                       (HITEN S. VENEGAVKAR)
                                                              JUDGE
              Tandale

Continue reading with your account

Checking your session…