Bombay High Court

UZEF VASIM KHANversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The Court granted liberty to withdraw the bail application and directed that any fresh bail application with the charge‑sheet be decided by the trial Court on its merits.

Summary

UzeF Vasim Khan applied for bail before the Bombay High Court, Aurangabad Bench. The State informed the Court that the investigation was complete, the charge‑sheet was ready but pending sanction, and would be filed shortly. The applicant sought liberty to withdraw the present bail application and instead approach the trial Court with a fresh bail application together with the charge‑sheet. The Court granted the liberty, directing that any fresh bail application filed with the charge‑sheet be decided by the trial Court on its merits. Consequently, the original bail application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure when a bail applicant wishes to withdraw an existing bail application and file a fresh one with a charge‑sheet?

Subjects

bail
charge-sheet
withdrawal
trial court
parity
criminal procedure

Judgment

                                  1                    962appln1531.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

               962 BAIL APPLICATION NO. 1531 OF 2026

                          UZEF VASIM KHAN
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                   ...
            Advocate for Applicant : Mr. Almas Shaikh Riyaz
              APP for Respondent/State : Mr. S.D.Ghayal
                                   ...



                           CORAM : HITEN S. VENEGAVKAR, J.
                            DATE      : 19.08.2026

PER COURT :


1.          Heard the learned Advocate for the applicant and the learned

APP for the respondent/State.



2.          The learned APP informs that the investigation is complete

and the charge-sheet is ready for filing, but awaiting for sanction. He

submits that the charge-sheet will be filed within few days. He also

clarified that the communication that has been received is of 14.08.2026

and in the meantime, if at all, any development pertaining to the filing of

the charge-sheet is taken place then he is unaware about the same.



3.          Be that as it may, the learned Advocate for the applicant

seeks liberty stating that the if the prosecution is filing the charge-sheet

then the applicant would withdraw the application to approach to the

learned trial Court for filing fresh application along with a copy of the
                                  2                   962appln1531.26



charge-sheet.



4.           The liberty as prayed is granted.



5.           In case the applicant prefers fresh Bail Application along

with charge-sheet before the trial Court on the ground of parity, the trial

Court shall decide the such application on its own merits.



6.           The application stands dismissed as withdrawn.




                                      (HITEN S. VENEGAVKAR, J.)




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