Bombay High Court

GANESH DIWANJI KALEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court granted liberty to withdraw the pending bail application and to file a fresh bail application before the trial court with the charge‑sheet.

Summary

Ganesh Diwanji Kale applied for bail before the Aurangabad Bench of the Bombay High Court. During the pendency of the application, the charge‑sheet 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 liberty to withdraw the application and to file a fresh one, directing that the fresh application be considered on its merits by the trial court. Consequently, the original bail application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure when a bail applicant wishes to withdraw a pending bail application after the charge‑sheet has been filed?
Can the applicant be permitted to file a fresh bail application before the trial court with the charge‑sheet attached?

Subjects

bail
withdrawal of application
charge‑sheet
criminal procedure
high court

Judgment

                                  1                      972ba1567.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                972 BAIL APPLICATION NO. 1567 OF 2026

                        GANESH DIWANJI KALE
                                VERSUS
                    THE STATE OF MAHARASHTRA
                                    ...
 Advocate for Applicant : Mr. D.R. Chaudhari h/f Mr. Shaikh Mazhar A.
                               Jahagirdar
                  APP for Respondents: Mr.D.J. Patil
                                    ...


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


1.           The learned APP informs that during the pendency of the
application the charge-sheet has been filed.


2.           The learned Advocate appearing for the applicant, on
instructions, seeks liberty to withdraw the application and liberty to file
fresh application for bail alongwith a copy of the charge-sheet before the
learned trial Court.


3.           Liberty as prayed is granted.


4.           In case fresh application for bail is preferred before the
learned trial Court alongwith the copy of the charge-sheet, then the
application be considered by the learned trial Court on its own merits.


5.           The application stands dismissed as withdrawn.




                                      (HITEN S. VENEGAVKAR, J.)

mahajansb/

Continue reading with your account

Checking your session…