Bombay High Court

APPASAHEB RAOSAHEB GOPALGHARE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The Court granted liberty to withdraw the bail application and refile, dismissing the application as withdrawn.

Summary

Appasaheb Raosaheb Gopalgar filed a bail application before the Aurangabad Bench of the Bombay High Court. During the pendency of the application, the investigating agency filed the charge-sheet. The applicant sought to withdraw the bail application and requested liberty to file a fresh application before the trial court. The Court granted the liberty to withdraw and refile, directing that if the application is filed after the charge-sheet, the trial court will decide it on its merits. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after the charge-sheet has been filed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

Subjects

bail
charge-sheet
withdrawal
trial court
liberty to refile

Judgment

                                   1             criappln1589.26 call papers



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                  BAIL APPLICATION NO. 1589 OF 2026

                APPASAHEB RAOSAHEB GOPALGARE
                               VERSUS
                   THE STATE OF MAHARASHTRA
                                   …
 Advocate for the Applicant : Mr.V.V. Bang h/f Mr. Nilesh S. Ghanekar
          APP for the Respondents/State : Mr. S.A. Gaikwad
                                   …


                                CORAM : HITEN S. VENEGAVKAR, J.
                                DATE : 07.09.2026
PER COURT :


1.           Not on board. After mentioning taken on board.


2.           The learned Advocate for the applicant submits that during

the pendency of this Bail Application the charge-sheet has been filed by

the investigating agency. He prays for withdrawal of the application with

liberty to file a fresh application before the learned trial Court.


3.           The liberty as prayed is granted.


4.           In case the application is filed with charge sheet, then the

trial Court shall decide the same on its own merits.


5.           The application stands dismissed as withdrawn.



                                       (HITEN S. VENEGAVKAR, J.)



mahajansb/

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