Bombay High Court

RAHUL SATISH SURASHEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.

Summary

The applicant, Rahul Satish Surashe, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the investigation concluded and a charge sheet was filed. The applicant's counsel sought permission to withdraw the bail application and to file a fresh bail application before the trial court with the charge sheet attached. The Court granted leave to withdraw the application and allowed the applicant to file a fresh bail petition before the trial court. The bail application was therefore disposed of as withdrawn, and the trial court was directed to consider any fresh application on its merits.

Issues considered

What is the procedure for withdrawing a bail application pending before the High Court?
Can the applicant file a fresh bail application before the trial court after withdrawal?

Subjects

bail
withdrawal
criminal procedure
High Court
trial court

Judgment

2026:BHC-AUG:41862
                                                                      8nobBA1528-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1528 OF 2026

                                        Rahul Satish Surashe
                                               Versus
                               The state of Maharashtra and another
                                                 …
            Mr. Eklavya S. Potdar, Advocate for the Applicant
            Mr. D. J. Patil, APP for the State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 8th September, 2026
            PER COURT :-


            1.       The learned Advocate for the applicant submits that during

            pendency of the present application, the investigation is completed and

            charge sheet has been filed.      On instructions,   he seeks leave to

            withdraw the present application with liberty to file a fresh application

            before the trial court with copy of the charge sheet. Leave granted.


            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       The Bail Application stands disposed of as withdrawn with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 its own merits.




                                                         (HITEN S. VENEGAVKAR, J.)
 JPChavan




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