Bombay High Court

BADRINATH PRALHADRAO KHURMUTEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn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The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.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, Badrinath Khurmute, filed a bail application in the Bombay High Court, Aurangabad bench. During the pendency of the application, the charge-sheet was filed, prompting the applicant's counsel to seek withdrawal of the bail application and permission to file a fresh bail application before the trial court along with the charge-sheet. The court considered whether the bail application could be withdrawn and whether liberty could be granted to file a fresh application. It held that the bail application could be withdrawn and granted liberty to file a fresh application before the trial court. Consequently, the bail application was disposed of as withdrawn with liberty to file a fresh application.

Issues considered

Whether a bail application pending before the High Court can be withdrawn after the charge-sheet is filed
Whether the applicant can be granted liberty to file a fresh bail application before the trial court

Subjects

bail
withdrawal
charge-sheet
criminal procedure
high court

Judgment

                                                                     939-BA1386-26

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           BAIL APPLICATION NO. 1386 OF 2026

                                   Badrinath Khurmute
                                          Versus
                                 The State of Maharashtra
                                             ..
           Mr. Yogesh G. Kasod, Advocate for the Applicant
           Smt. Ashlesha Deshmukh, APP for the State


                                  CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 18th August, 2026
           PER COURT :-

           1.       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 charge-sheet.


           2.        The Bail Application stands disposed of as withdrawn with

           liberty liberty to file fresh applicatioqn alongiwth charge-sheet before

           the learned Trial Court.




                                                      (HITEN S. VENEGAVKAR, J.)
JPChavan




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