Bombay High Court

SHYAMRAO DAGA PATILversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

Shyamrao Daga Patil applied for bail before the Bombay High Court, Aurangabad Bench. During the pendency of the bail application, the investigating agency filed a charge-sheet against the applicant. 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 permission to withdraw the bail application with liberty to file a fresh application before the trial court along with the charge-sheet. The bail application was consequently dismissed as withdrawn.

Issues considered

What is the appropriate procedure when a charge-sheet is filed during the pendency of a bail application?
Can a bail application be withdrawn and a fresh application filed before the trial court after a charge-sheet is filed?

Subjects

bail
charge-sheet
withdrawal
criminal procedure

Judgment

2026:BHC-AUG:42816
                                                  -1-
                                                                    NOB-2-BA-1623-2026

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               BAIL APPLICATION NO. 1623 OF 2026

                                      SHYAMRAO DAGA PATIL
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                  …..
                        Advocate for Applicant : Mr. Surendra V. Suryawanshi
                             APP for Respondents/State : Mr. K.K. Naik
                                                  .....
                                             CORAM : HITEN S. VENEGAVKAR, J.
                                             DATED : 15th SEPTEMBER 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 has been
              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 the application is preferred alongwith the
              charge-sheet then the learned Trial Court decide the same in
              accordance with law.

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             Bail application is dismissed as withdrawn with liberty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

                                                        (HITEN S. VENEGAVKAR)
                                                               JUDGE


              Tandale

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