Bombay High Court

GANESH ANKUSH KARADversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the pending bail application, permitting a fresh application to be filed before the trial court.

Summary

The applicant, Ganesh Ankush Karad, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of this application, a co-accused was released on bail by the trial court. The applicant's counsel sought to withdraw the pending bail application, intending to file a fresh application before the trial court based on the co-accused's release. The Court considered the request and granted leave to withdraw the application. It ordered that the bail application stand withdrawn and permitted the applicant to file a fresh bail application before the trial court, which will decide it on its merits.

Issues considered

What is the appropriate procedural step when a co-accused is released on bail during the pendency of a pending bail application?

Subjects

bail
withdrawal
co-accused
trial court
fresh application

Judgment

2026:BHC-AUG:40478
                                                                      3nobba1323-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               BAIL APPLICATION NO. 1323 OF 2026

                                    Ganesh Ankush Karad
                                             Versus
                                  The State of Maharashtra
                                               …
            Mr. Nilesh Ghanekar, Advocate for the Applicant
            Mr. S. A. Gaikwad, APP for the respondent State


                                       CORAM : HITEN S. VENEGAVKAR, J.
                                        Dated : 2nd September, 2026
            PER COURT :-
            1.       Not on board. Taken on board.

            2.       The learned Advocate for the applicant seeks withdrawal of

            the application on the ground that during pendency of the present

            application, one of the co-accused has been released on bail by the

            learned trial court. He submits that he would like to approach the

            learned trial court with a fresh application on the ground of release of

            the co-accused .

            3.       Leave as prayed is granted. The Bail Application stands

            disposed of as withdrawn with liberty to file fresh Application before

            the learned trial court.

            4.       If the applicant prefers the fresh bail application, the trial

            court shall consider it on it own merits.




                                                        (HITEN S. VENEGAVKAR, J.)
 JPChavan


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