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Bombay High Court

LAXMAN HATYA PADVIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty granted to the applicant to file a fresh application before the trial court.

Summary

The applicant, Laxman Hatya Padvi, filed a bail application which was pending when the investigating agency filed a charge‑sheet. The applicant’s counsel sought to withdraw the bail application and obtain permission to approach the trial court with a fresh application together with the charge‑sheet. The Court granted the liberty to withdraw and re‑file, directing that any subsequent application before the trial court be decided on its merits. Consequently, the bail application was marked as withdrawn. The order was pronounced by Justice Hiten S. Venegavkar on 25 August 2026.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn and a fresh application filed before the trial court after a charge‑sheet is filed?

Subjects

  • bail
  • withdrawal
  • charge-sheet
  • trial court
  • liberty

Judgment

2026:BHC-AUG:38741
                                                  1                   963-BA.1519-26.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                963 BAIL APPLICATION NO. 1519 OF 2026
                                          LAXMAN HATYA PADVI
                                                VERSUS
                               THE STATE OF MAHARASHTRA AND OTHERS
                                                    ...
                                Advocate for Applicant : Mr. Savale Amit S.
                               APP for Respondent/State : Mr. S. A. Gaikwad.
                                                    …

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

                     PER COURT :-

                     1.      Learned Advocate appearing for the Applicant submits

                     that during the pendency of the application, charge-sheet has

                     been filed by the Investigating Agency. On instructions, he

                     wants to withdraw the application with liberty to approach the

                     Trial Court and file fresh application along with the copy of

                     charge-sheet.

                     2.      Liberty as prayed is granted. If any application is filed

                     before the learned Trial Court the same be decided on its own

                     merits.

                     3.      Bail Application stands disposed of as withdrawn with

                     liberty as prayed for.



                                                        ( HITEN S. VENEGAVKAR, J. )
                                                      ...
                     vmk/-


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