Bombay High Court

REKHA GAJANAN LOKHANDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

Rekha Gajanan Lokhande filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency completed its investigation and filed a charge sheet. The applicant's counsel sought permission to withdraw the pending bail application and to file a fresh bail application before the trial court, attaching the charge sheet. The Court granted leave to withdraw the application and allowed the filing of a fresh bail application before the trial court. The bail application was therefore disposed of as withdrawn. The trial court, if approached, will consider the fresh bail application on its merits.

Issues considered

Whether a bail application pending before a High Court can be withdrawn and a fresh bail application filed before the trial court after the charge sheet is filed?

Subjects

bail
charge sheet
withdrawal
trial court
procedural law

Judgment

2026:BHC-AUG:43228
                                                                      3nobBA1434-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1434 OF 2026

                                  Rekha Gajanan Lokhande
                                            Vs.
                            The State of Maharashtra and another

            Mr. Bharat S.Doifode, Advocate for the Applicant
            Mr. V. K. Kotecha, APP for the State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 21st September, 2026
            PER COURT :-


            1.       The learned Advocate for the applicant submits that during

            pendency of the present application, the investigation is completed and

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

            withdraw the present application with liberty to file a fresh application

            before the trial court with copy of the charge sheet. Leave granted.


            2.       The Bail Application stands disposed of as withdrawn with

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

            learned Trial Court.


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

            court shall consider the same on its own merits.




                                                       (HITEN S. VENEGAVKAR, J.)
 JPChavan




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