Bombay High Court

ASHOK LAXMAN HATOTEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The court allowed the withdrawal of the pending bail applications and dismissed them as withdrawn, permitting the applicant to file fresh applications before the trial court.

Summary

The applicant, Ashok Laxman Hatote, filed two bail applications (BA/1440/2026 and BA/1448/2026) before the Bombay High Court, Aurangabad Bench. While the applications were pending, the charge‑sheet in the underlying criminal case was filed. The applicant’s counsel sought permission to withdraw the pending bail applications and to file fresh applications before the trial court after the charge‑sheet was on record. The bench, after hearing the parties, granted liberty to withdraw the applications and to approach the trial court afresh, stating that the trial court would consider any new applications on its merits. Consequently, both bail applications were dismissed as withdrawn.

Issues considered

What is the effect of filing a charge‑sheet on pending bail applications?
Can a bail applicant withdraw a pending bail application after a charge‑sheet is filed and seek to file a fresh application before the trial court?

Subjects

bail
charge-sheet
withdrawal of application
criminal procedure
High Court

Judgment

                                   1                    957ba1440.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                957 BAIL APPLICATION NO. 1440 OF 2026
                                WITH
                  BAIL APPLICATION NO. 1448 OF 2026

                       ASHOK LAXMAN HATOTE
                                VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
      Advocate for Applicant : Mr. Andhale Sandip Ramnath (In
                             BA/1440/2026)
Advocate for the Applicant : Mr. Shrikant G. Kawade (In BA/1448/2026)
          APP for Respondent No. 1/State : Mr. V.K. Kotecha
Advocate for Respondent No.2 : Ms. Karishma Sarin (appointed Through
                                Legal Aid)
                                   ...

                              CORAM : HITEN S. VENEGAVKAR, J.
                              DATE : 19.08.2026
PER COURT :


1.           The learned Advocates for the applicants submit that during
the pendency of the applications, the charge-sheet has already filed.
Though the charge-sheet is already placed on record, the learned
Advocates for the applicants, on instructions, seeks to withdraw the
applications and to file fresh applications before the trial Court, post
filing of the charge-sheet.


2.           The liberty as prayed is granted. In case fresh applications
are preferred before the learned trial Court, the learned trial Court will
consider the same on its own merits.


3.           Both the applications stand dismissed as withdrawn.




                                       (HITEN S. VENEGAVKAR, J.)
mahajansb/

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