Bombay High Court
KALIM GULJAR SHAIKH AND ANOTHERversusTHE 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- Withdrawn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The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.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 applicants, Kalim Guljar Shaikh and another, filed a bail application (Bail Application No. 1449 of 2026) before the High Court, Aurangabad Bench. While the application was pending, the charge-sheet in the underlying criminal case (Criminal Application No. 3208 of 2026) was filed. The applicants' counsel sought permission to withdraw the bail application and to file a fresh bail application before the trial court on the basis of the charge-sheet. The Court allowed the withdrawal, directing that the applicants may approach the trial court with a fresh bail application and that the trial court should consider it expeditiously. The pending criminal application was also marked as disposed.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn after the charge-sheet is filed
- Whether the applicants may be permitted to file a fresh bail application before the trial court
Subjects
- bail
- charge-sheet
- withdrawal
- criminal procedure
- high court
Judgment
2026:BHC-AUG:41846
932na1449-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
932 BAIL APPLICATION NO. 1449 OF 2026
Kalim Guljar Shaikh And Another
VERSUS
The State Of Maharashtra
...
Mr. Sharma Kartik Rajesh, Advocate for the Applicant
Mr. V. K. Kotecha, APP for the Respondent-State
WITH
CRIMINAL APPLICATION NO. 3208 OF 2026
IN BA/1449/2026
CORAM : HITEN S. VENEGAVKAR, J.
Dated : 08th September, 2026
PER COURT :-
1. The learned Advocate for the Applicants 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 on the basis of the charge-sheet.
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 The Bail Application stands disposed of as withdrawn with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 it on it own merits as expeditiously as possible.
4. Pending Criminal Application No. 3208/2026 also stands
disposed of.
( HITEN S. VENEGAVKAR, J.)
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