Bombay High Court

MAHESH RAJENDRA THORAT AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn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The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.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 applicants, Mahesh Rajendra Thorat and others, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the charge-sheet in the underlying criminal case was filed. The applicant's counsel sought permission to withdraw the pending bail application and to file a fresh bail application before the trial court, attaching the charge-sheet. The Court granted the leave sought, ordered the present bail application to be treated as withdrawn, and allowed the applicants to file a fresh bail application with the charge-sheet before the trial court. The Court further directed that the fresh application be considered on its own merits.

Issues considered

Whether a bail application pending before a High Court can be withdrawn after the charge-sheet has been filed
Whether the applicant is entitled to liberty to file a fresh bail application before the trial court with the charge-sheet

Subjects

bail
charge-sheet
withdrawal
criminal procedure
High Court

Judgment

2026:BHC-AUG:38727
                                                                         2nobBA1546-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1546 OF 2026

                               Mahesh Rajendra Thorat and others
                                             Versus
                                   The State of Maharashtra
                                               …
            Mr. Vijay Shivaji Wakale, Advocate for the Applicants
            Ms. Ashlesha Deshmukh, APP for the State

                                    CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 27th August, 2026
            PER COURT :-

            1.        Not on board. Taken on Board.


            2.        The learned Advocate for the Applicant submits that, during

            the pendency of the present Application, the charge-sheet has been

            filed. He, therefore, seeks permission to withdraw the present

            Application with liberty to approach the learned Trial Court by filing a

            fresh Bail Application alongwith copy of charge-sheet.


            3.         Leave as prayed is granted. The        Bail Application stands

            disposed of as withdrawn with liberty liberty to file fresh application

            alongiwth charge-sheet before the learned Trial Court.


            4.        In case the fresh bail application is preferred, the learned trial

            court shall consider it on its own merits.




                                                         ( HITEN S. VENEGAVKAR, J.)

                 JPChavan                                                         1 of 1

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