Bombay High Court

ZEESHAN JAAN MOHMMAD SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is withdrawn, and the applicant is permitted to file a fresh bail application before the trial court.

Summary

The applicant, Zeeshan Jaan Mohammad Shaikh, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the charge-sheet in the underlying criminal case was filed. The applicant's counsel sought permission to withdraw the bail application and to file a fresh bail application before the trial court, attaching the charge-sheet. The Court granted the request, ordering the bail application to be treated as withdrawn and allowing the applicant to approach the trial court with a fresh application. The Court also directed that the pending criminal application seeking assistance to the Public Prosecutor stand disposed.

Issues considered

Whether a bail application pending before a High Court can be withdrawn after the filing of a charge-sheet and a fresh bail application filed before the trial court.

Subjects

bail
withdrawal
charge-sheet
criminal procedure
high court

Judgment

2026:BHC-AUG:39605
                                                                          4nobba1261-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                             BAIL APPLICATION NO. 1261 OF 2026
                              Zeeshan Jaan Mohammad Shaikh
                                           Versus
                            The State of Maharashtra and another
                                              …
            Mr. Amaya N. Sabnis, Advocate for the Applicant
            Ms. Ashlesha Deshmukh, APP for the State

                                    CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 27th August, 2026
            PER COURT :-

            1.        Not on board. Taken on Board.

            2.        The learned Advocate for the Applicant 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 alongwith copy of charge-sheet.

            3.         Leave as prayed is granted. The        Bail Application stands
            disposed of as withdrawn with liberty liberty to file fresh application
            alongiwth charge-sheet before the learned Trial Court.

            4.        In case the fresh bail application is preferred, the learned trial
            court shall consider it on its own merits.

            5.        In view of withdrawal of the bail application, the pending
            Criminal Application No. 3168 of 2026 seeking assistance to the
            learned PP also stands disposed of.




                                                         ( HITEN S. VENEGAVKAR, J.)

                 JPChavan                                                         1 of 1

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