Bombay High Court

JAVED AHMAD SHAIKH HABIBversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Javed Ahmad Shaikh Habib, filed a bail application in the Bombay High Court, Aurangabad Bench. During the pendency of the application, the charge-sheet was filed, and the applicant’s counsel sought to withdraw the bail application with liberty to file a fresh one before the trial court. The Court accepted the withdrawal, disposing of the application as withdrawn and granting the requested liberty. It directed that any fresh bail application, together with the charge-sheet, be considered by the trial court on its merits and according to law. No substantive legal reasoning beyond procedural discretion was provided.

Issues considered

Whether a bail application pending before the High Court can be withdrawn after the charge-sheet has been filed, and whether the applicant may be granted liberty to file a fresh bail application before the trial court

Subjects

bail
withdrawal
charge-sheet
criminal procedure
high court

Judgment

                                                                 1                     P4BA1283.2026.odt

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      BENCH AT AURANGABAD

                                                  BAIL APPLICATION NO. 1283 OF 2026

                             Javed Ahmad Shaikh Habib                                   ...Applicant
                                   Versus
                             The State of Maharashtra & Anr.                            ...Respondents

                                                                   …….
                                      Mr. Shaikh Nasimoddin Rafiyoddin – Advocate for the Applicant
                                                    Mr. S. V. Hange – APP for the State
                                                                  ……...

                                                         CORAM :     HITEN S. VENEGAVKAR, J.
                                                         DATED :     04TH SEPTEMBER, 2026

                             PER COURT :

                             1.              Not on board. Taken on board.

                             2.              The learned Advocate for the Applicant submits that, during
                             the pendency of the Application, the charge-sheet has been filed. He has
                             instructions to withdraw the Application, with liberty to file a fresh
                             application before the learned Trial Court.

                             3.              The Application stands disposed of as withdrawn, with
                             liberty as prayed for.

                             4.              In the event that the Applicant prefers a fresh application
                             along with the charge-sheet before the learned Trial Court, the learned
                             Trial Court shall consider the same on its own merits and in accordance
                             with law.


                                                                       [ HITEN S. VENEGAVKAR ]
                                                                                JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 07/09/2026 17:45:42

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