Bombay High Court

SUBHASH SHAHAJI PAWAR AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The Court held that the bail application may be withdrawn and the applicants may file a fresh bail application before the trial court.

Summary

The applicants, Subhash Shahaji Pawar and another, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the investigating agency completed its investigation and filed a charge sheet. The applicant's counsel, Ms. Vaishali S. Nikalje, sought permission to withdraw the pending bail application and to file a fresh bail application before the trial court, attaching the charge sheet. The Court, after considering the request, granted leave to withdraw the present application and allowed the applicants to file a fresh bail application before the trial court. The Court directed that the trial court consider any fresh bail application on its own merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether a bail application pending before the High Court can be withdrawn and a fresh bail application filed before the trial court with the charge sheet.

Subjects

bail
withdrawal
charge sheet
trial court
fresh application

Judgment

2026:BHC-AUG:41867
                                                                      4nobBA1621-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1621 OF 2026

                               Subhash Shahaji Pawar and another
                                              Versus
                                     The State of Maharashtra
                                                …
            Ms. Vaishali S. Nikalje, Advocate for the Applicants
            Mr. S. V. Hange, APP for the State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 8th September, 2026
            PER COURT :-


            1.       The learned Advocate for the applicant submits that during

            pendency of the present application, the investigation is completed and

            charge sheet has been filed.      On instructions,   she seeks leave to

            withdraw the present application with liberty to file a fresh application

            before the trial court with copy of the charge sheet. Leave granted.


            2.       The Bail Application stands disposed of as withdrawn with

            liberty to file fresh Application along-with charge-sheet before the

            learned Trial Court.


            3.       If the applicant prefers the fresh bail application, the trial

            court shall consider it on its own merits.




                                                         (HITEN S. VENEGAVKAR, J.)
 JPChavan




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