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Bombay High Court

ZAKWAN SHOAIB MEMON ALIAS JADAversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty granted to the applicant to file a fresh application before the trial court.

Summary

The applicant, Zakwan Shoaib Memon, 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, through counsel, sought to withdraw the bail application and requested liberty to approach the trial court afresh with the charge-sheet. The Court accepted the withdrawal and disposed of the bail application as withdrawn, granting the requested liberty. It further directed that, should the applicant file a fresh bail application before the trial court, the trial court should consider it in accordance with law.

Issues considered

  • The propriety of withdrawing a bail application after the filing of a charge-sheet
  • The entitlement of the applicant to approach the trial court afresh for bail

Subjects

  • bail
  • withdrawal
  • charge-sheet
  • trial court
  • liberty

Judgment

                                                               1                      P2BA1300.2026.odt

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   BENCH AT AURANGABAD

                                               BAIL APPLICATION NO. 1300 OF 2026

                             Zakwan Shoaib Memon @ Jada                               ...Applicant
                                   Versus
                             The State of Maharashtra.                                ...Respondent

                                                                 .......
                             Mrs. Sandhya B. Salunke – Advocate for the Applicant
                             Mr. K. K. Naik – APP for the State
                                                                .........

                                                       CORAM :     HITEN S. VENEGAVKAR, J.
                                                       DATED :     31ST 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 Application, the charge-sheet has been filed. She
                             has instructions to withdraw the Application, with liberty to approach
                             the learned Trial Court afresh.

                             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 in accordance with law.




                                                                    [ HITEN S. VENEGAVKAR ]
                                                                             JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/09/2026 19:14:44


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