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- Withdrawn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The bail application is disposed of as withdrawn, with liberty granted to the applicant to file a fresh bail application before the trial court.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 The withdrawn bail application was consequently disposed of, with the liberty to reapply as prayed.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- Whether a bail application rejected before filing of a charge-sheet can be withdrawn and refiled after the charge-sheet is filed.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 Bail Application stands disposed of as withdrawn with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. )
...
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