Bombay High Court

AMIR ASIF SURVEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the pending bail applications and granted liberty to file fresh bail applications before the trial court.

Summary

The applicants filed bail applications (Nos. 1417, 1420, 1421) while investigations were ongoing. During the pendency of these applications the investigation concluded and a charge‑sheet was filed. The applicants, through counsel, sought the court’s permission to withdraw the pending bail applications and to file fresh bail applications before the trial court, attaching the charge‑sheet. The bench, exercising its inherent powers, granted leave to withdraw the applications and directed that fresh applications may be filed before the trial court for consideration on their merits. Consequently, the bail applications were disposed of as withdrawn, with liberty to re‑apply. The trial court will now hear any fresh bail applications filed by the applicants.

Issues considered

Whether the High Court can permit withdrawal of pending bail applications and grant liberty to file fresh bail applications before the trial court after the charge‑sheet has been filed.

Subjects

bail
withdrawal
charge sheet
trial court
procedural law

Judgment

2026:BHC-AUG:45890
                                                                     20nob1420-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1417 OF 2026

                                    Shahed Anwar Biradar
                                            Versus
                                   The state of Maharashtra
                                             AND
                             BAIL APPLICATION NO. 1420 OF 2026

                                    Amer Shabbir Menon
                                            Versus
                                   The state of Maharashtra
                                             AND
                             BAIL APPLICATION NO. 1421 OF 2026

                                           Amir Asif Surve
                                               Versus
                                      The state of Maharashtra
                                                  …
            Mr. Ganesh A. Gadhe, Advocate for the Applicants
            Mr. D. J. Patil, APP for the State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 28th September, 2026
            PER COURT :-


            1.       The learned Advocate for the applicants submits that during

            pendency of the present applications, the investigation is completed

            and charge sheet has been filed. On instructions, he seeks leave to

            withdraw the present applications with liberty to file a fresh

            application/s before the trial court with copy of the charge sheet.

            Leave granted.


            2.       The Bail Applications stand disposed of as withdrawn with

            liberty to file fresh Applications along-with charge-sheet before the


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                                                                      20nob1420-26


           learned Trial Court.


           3.       If the applicants prefer the fresh bail applications, the trial

           court shall consider the same on their own merits.




                                                     (HITEN S. VENEGAVKAR, J.)
JPChavan




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