Bombay High Court

ABDUL KASHIF KHAN ABDUL RAHMAN KHAN ALIAS JUNED KHAN ( AS PER FIR)versusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court held that the bail application may be withdrawn and the applicant may re‑file a fresh bail application after the charge sheet is filed.

Summary

The applicants, Abdul Kashif Khan and Abdul Rahman Khan, filed a bail application in the Bombay High Court, Aurangabad Bench, seeking release pending the filing of a charge sheet. Their counsel informed the court that the charge sheet was likely to be filed and requested permission to withdraw the bail application, intending to re‑apply after receiving the charge sheet. The court considered whether a bail application could be withdrawn at the applicants' request before the charge sheet is filed. It granted liberty to withdraw the bail application and directed that any fresh bail application, accompanied by the charge sheet, be decided on its merits. Consequently, the bail application was disposed of as withdrawn, and the related pending criminal application (No. 3253 of 2026) was also disposed.

Issues considered

Whether a bail application may be withdrawn by the applicant before the charge sheet is filed

Subjects

bail
withdrawal
criminal procedure
charge sheet
high court

Judgment

2026:BHC-AUG:40476
                                                                        961ba1574-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           961 BAIL APPLICATION NO. 1574 OF 2026

             Abdul Kashif Khan Abdul Rahman Khan Alias Juned Khan ( As Per Fir)
                                              VERSUS
                                      The State Of Maharashtra
                                                 ...
            Mr. Dhanraj S. Ingole h/for Mr. Ghanekar Nilesh S., Kahalekar Kuldip
            S., Advocate for the Applicant
            Mr. D. J. Patil, APP for the Respondent-State


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

            1.       The learned Advocate appearing for the applicants submits

            that the charge sheet is likely to be filed. On instructions, he seeks

            leave to withdraw the bail application with liberty to approach the trial

            court afresh with copy of the charge-sheet.


            2.       Liberty as prayed is granted. If the applicant prefers any fresh

            application alongwith charge-sheet seeking bail, the same be decided

            in accordance with law, on it sown merits. The bail application stands

            disposed of as withdrawn.


            3.       In view of disposal of the Bail Application, pending Criminal

            Application 3253 of 2026 also stands disposed of.




                                                          (HITEN S. VENEGAVKAR, J.)
 JPChavan



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