Bombay High Court
SHRIRAM BALASAHEB GUNDversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
Holding
The bail application is dismissed as withdrawn, with liberty to file a fresh application after the charge-sheet is filed.
Summary
The applicant, Shriram Balasaheb Gund, filed a bail application while the investigation into an alleged assault was still ongoing and no charge-sheet had been filed. The injury report indicated that the applicant caused only simple injuries, while a grievous injury was attributed to his wife, who had already been released on anticipatory bail. The court noted the seriousness of the allegations, including the alleged use of a deadly weapon and assault on a vital part of the body, and expressed disinclination to grant bail at this stage. The applicant, on his brother's instructions, sought to withdraw the bail application and requested permission to file a fresh application after the charge-sheet is filed. The court dismissed the application as withdrawn, granting liberty to file a fresh bail application before the trial court once the charge-sheet is filed, and directed the trial court to consider any future application on its merits.
Issues considered
- Whether bail should be granted when the investigation is ongoing and serious allegations, including use of a deadly weapon, are involved
- Whether the bail application can be withdrawn and a fresh application filed after the charge-sheet is filed
Subjects
- bail
- investigation
- charge-sheet
- anticipatory bail
- serious offenses
- withdrawal of application
Judgment
2026:BHC-AUG:36968
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39-BA-1512-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1512 OF 2026
SHRIRAM BALASAHEB GUND
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
......
Advocate for Applicant : Mr. Manoj A. Dond
APP for Respondent - State : Mr. V. K. Kotecha
.....
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 17th AUGUST 2026
PER COURT :
1. Heard the learned Advocate for the applicant and the
learned APP for the respondent – State.
2. Perused the investigation papers.
3. Admittedly, the charge-sheet is yet to be filed and the
investigation is in progress. Learned Advocate for the applicant
submits that the incident that has taken place was out of a quarrel
between both sides and it has happened at the spur of moment. The
injury certificate shows three injuries, out of which only simple
injuries can be assigned to present applicant, whereas the grievous
injury is attributed to the assault caused by applicant's wife. He
submits that applicant's wife has been released on anticipatory
bail. Though the said order is not placed before this Court, I am still
of the opinion that the investigation is at an advanced stage and
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39-BA-1512-2026
the allegations pertaining to use of a deadly weapon and assault on
a vital part of the body. At this stage, I am not inclined to grant bail
to the present applicant.
4. Upon showing my disinclination, learned Advocate for
the applicant, on instructions from the brother of applicant, seeks
permission to withdraw the application with liberty to file a fresh
application before the Trial Court after filing of the charge-sheet.
5. The application stands dismissed as withdrawn with
liberty to file a fresh application after the charge-sheet is filed
before the learned Trial Court.
6. The learned Trial Court shall consider the said
application on its own merits and in accordance with law without
being influenced as to what has been observed in the present order.
(HITEN S. VENEGAVKAR)
JUDGE
Tandale
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