Bombay High Court

RUSHIKESH SUNIL KHARABEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The Court granted the applicant liberty to withdraw the bail application.

Summary

The applicant, Rushikesh Sunil Kharabe, filed a bail application in the Bombay High Court, Aurangabad Bench, against the State of Maharashtra. While the application was pending, the investigating agency filed the charge‑sheet. The applicant then sought liberty to withdraw the bail application and to file a fresh application before the trial court. The Court granted the liberty to withdraw the bail application. It further directed that if a fresh application is filed, the trial court shall decide it on its merits in accordance with law.

Issues considered

Whether a bail applicant may withdraw the bail application 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

Judgment

                                  1                       89ba1602.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                 89 BAIL APPLICATION NO. 1602 OF 2026

                     RUSHIKESH SUNIL KHARABE
                             VERSUS
              THE STATE OF MAHARASHTRA AND ANOTHER

                                      ...
             Advocate for Applicant : Mr. Salunke Sudarshan J.
                 APP for Respondents/State : Mr.D.J. Patil
                                      …


                                CORAM : HITEN S. VENEGAVKAR, J.
                                DATE : 24.08.2026
PER COURT :


1.           The learned Advocate appearing for the applicant submits

that during pendency of the present application the charge-sheet has

been filed by the investigating agency. He seeks leave to withdraw the

application, with liberty to file fresh application before the learned trial

Court.


2.           The liberty as prayed is granted.


3.           In case the application is filed, then the trial Court shall

decide the same on its own merits in accordance with the law.



                                      (HITEN S. VENEGAVKAR, J.)



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