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Bombay High Court

GOVIND JANABA WAGHMAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

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Withdrawn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The bail application is disposed of as withdrawn, with liberty granted to the applicant to file a fresh application before the trial court.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, Govind Janaba Waghmare, filed a bail application based on an initial charge-sheet that listed him as absconding. He was subsequently arrested and a supplementary charge-sheet was filed while the bail application was pending. The applicant sought to withdraw the bail application and obtain liberty to approach the trial court on the basis of both the original and supplementary charge-sheets. The Court granted the liberty to withdraw the bail application and allowed the applicant to file a fresh application before the trial court, which will be considered on its merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a bail application filed on the basis of an initial charge-sheet can be withdrawn after a supplementary charge-sheet is filed.
  • Whether the applicant is entitled to liberty to approach the trial court afresh on the basis of both charge-sheets.

Subjects

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

Judgment

                                  1                     59BA1360.2026.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               59 BAIL APPLICATION NO. 1360 OF 2026

                        Govind Janaba Waghmare
                                 VERSUS
                 The State Of Maharashtra And Another
                                     ...
Mr. Sudarshan J. Salunke - Advocate for Applicant
Mr. S. D. Ghayal - APP for the State
                                     ...

                         CORAM :       HITEN S. VENEGAVKAR, J.
                         DATED :       31ST AUGUST, 2026


PER COURT :

1.          The learned Advocate for the Applicant submits that the

present Application was filed on the basis of the first charge-sheet, in

which the Applicant was shown as absconding. Subsequently, the

Applicant came to be arrested and, upon completion of the investigation,

a supplementary charge-sheet has been filed during the pendency of the

present Application. He submits that he has instructions to withdraw the

present Application, with liberty to approach the learned Trial Court on

the basis of the first charge-sheet as well as the supplementary charge-

sheet.


2.          Liberty, as prayed for, is granted.


3.          In the event a fresh application is filed before the learned

Trial Court, the same shall be considered on its own merits and in

accordance with law.
                                                             2                     59BA1360.2026.odt

                             4.           The present Application stands disposed of as withdrawn,

                             with liberty as aforesaid.



                                                                  [ HITEN S. VENEGAVKAR ]
                                                                           JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/09/2026 19:00:18


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