Bombay High Court

SACHIN JIVAN MURTADKARversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and granted liberty to file a fresh application before the trial court.

Summary

The applicant, Sachin Jivan Murtadkar, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the charge-sheet was filed in the underlying criminal case. The applicant's counsel sought permission to withdraw the bail application and to file a fresh application before the trial court, attaching the charge-sheet. The Court granted the request, allowing the applicant to withdraw the present bail application and to file a fresh one before the trial court. The Court directed that the trial court decide the fresh application on its merits and dismissed the bail application as withdrawn.

Issues considered

Whether a bail application pending before the High Court can be withdrawn with liberty to file a fresh application before the trial court after the charge-sheet is filed.

Subjects

bail
withdrawal
charge-sheet
trial court
fresh application

Judgment

2026:BHC-AUG:37769
                                                 -1-
                                                                   NOB-6A-BA-1590-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1590 OF 2026

                                SACHIN JIVAN MURTADKAR
                                           VERSUS
                               THE STATE OF MAHARASHTRA
                                             .....
              Mr. Sanket N. Suryawanshi, Advocate for Applicant
              Mr. K. K. Naik, APP for Respondent – State.
                                             .....

                                            CORAM : HITEN S. VENEGAVKAR, J.
                                            DATED : 20th AUGUST 2026
              PER COURT :

              1.           Not on board. Upon mentioning taken on board.

              2.           Learned Advocate appearing for applicant submits that,
              during pendency of present application, charge-sheet came to be
              filed and therefore he has instructions to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              3.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.


              4.           In case, such an application is filed, the Trial Court shall
              decide the same, on its own merits.


              5.           Bail application is dismissed as withdrawn with liberty
              as prayed.


                                                       (HITEN S. VENEGAVKAR)
                                                              JUDGE
              Tandale

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