Created by Fuzzy Cloud

Bombay High Court

ALTAP SAYYAD PATHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty granted to the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Altap Sayyad Pathan, sought bail before the trial court, but the lower court had rejected his earlier bail application before a charge-sheet was filed. During the interim, the charge-sheet was filed, and the applicant submitted a fresh bail application together with the charge-sheet. The applicant’s counsel requested to withdraw the pending bail application and to be allowed to approach the trial court afresh with the new application. The bench granted liberty to withdraw the application and to file a fresh bail petition before the trial court. The withdrawn bail application was consequently disposed of, with the liberty to reapply as prayed.

Issues considered

  • Whether a bail application rejected before filing of a charge-sheet can be withdrawn and refiled after the charge-sheet is filed.

Subjects

  • bail
  • withdrawal
  • charge-sheet
  • procedural law
  • criminal procedure

Judgment

2026:BHC-AUG:38735
                                                    1                       BA.1504-26.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 BAIL APPLICATION NO. 1504 OF 2026

                                       ALTAP SAYYAD PATHAN
                                              VERSUS
                                    THE STATE OF MAHARASHTRA

                                                  ...
                              Advocate for Applicant : Mr. N. S. Ghanekar.
                              APP for Respondent/State : Mr. S. D. Ghayal
                                                  …

                                            CORAM       : HITEN S. VENEGAVKAR, J.
                                            Dated       : August 25, 2026

                     PER COURT :-


                     1.    Not on board. Taken on board.


                     2.    Learned advocate appearing for the Applicant on

                     instructions submits that the Lower Court has rejected the

                     application before filing of the charge-sheet. However, during

                     the interregnum period, the charge-sheet was filed and the bail

                     application presently does have a copy of the charge-sheet

                     along with it but Applicant would withdraw the application

                     and filed a fresh application along with charge-sheet before the

                     learned Trial Court.


                     3.    The learned Advocate for the Applicant thus prays for

                     withdrawal of the application with liberty to approach the
                           2                       BA.1504-26.odt


learned Trial Court afresh. Liberty is granted as prayed. If the

Applicant prefers a fresh application along with charge-sheet

before the Trial Court, the said application be decided on its

own merits.


4.      Bail Application stands disposed of as withdrawn with

liberty as prayed for.




                                 ( HITEN S. VENEGAVKAR, J. )

                               ...

vmk/-


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.