Bombay High Court

SHAIKH RIZWAN SHAIKH SHABBIRversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Shaikh Rizwan Shaikh Shabbir, filed a bail application in the High Court of Bombay, Aurangabad Bench. While the application was pending, the charge-sheet in the underlying criminal case was filed. The applicant’s counsel sought permission to withdraw the bail application and instead file a fresh bail application before the trial court, attaching the charge-sheet. The Court allowed the withdrawal of the present bail application, granting liberty to file a fresh application before the trial court. The trial court was directed to consider the fresh bail application on its merits.

Issues considered

Whether a bail application pending before the High Court can be withdrawn after the charge-sheet has been filed
Whether the applicant may be permitted 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:40470
                                                                          959ba1547-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            959 BAIL APPLICATION NO. 1547 OF 2026

                                Shaikh Rizwan Shaikh Shabbir
                                            VERSUS
                                  The State Of Maharashtra
                                               ...
            Mr. Wagh Rajendra H., Advocate for the Applicant
            Mr. S. A. Gaikwad, APP for the Respondent-State

                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 2nd September, 2026
            PER COURT :-

            1.        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 charge-sheet.


            2.         The Bail Application stands disposed of as withdrawn with

            liberty liberty to file fresh application alongiwth charge-sheet before the

            learned Trial Court. If such an application is filed, the trial court to

            decide the same on its own merits.




                                                        ( HITEN S. VENEGAVKAR, J.)




                 JPChavan                                                        1 of 1

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