Bombay High Court

HAYAT UMMED SING AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and permitted the filing of a fresh application before the trial court.

Summary

The applicants, Hayat Umm... and another, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet. 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 withdrawal and directing that a fresh application may be filed with the charge-sheet. The bail application was consequently dismissed as withdrawn, with the trial court to consider any fresh application on its merits.

Issues considered

Whether a bail application pending before a High Court can be withdrawn and a fresh application filed before the trial court after a charge-sheet is filed.

Subjects

bail
withdrawal
charge-sheet
trial court
fresh application

Judgment

2026:BHC-AUG:37770
                                                 -1-
                                                                    NOB-6-BA-1596-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1596 OF 2026

                            HAYAT UMMED SING AND ANOTHER
                                           VERSUS
                                THE STATE OF MAHARASHTRA
                                              .....
              Mr. Sanket N. Suryawanshi, Advocate for Applicants
              Mr. S. D. Ghayal, 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 applicants 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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