Bombay High Court

SANTOSH NARAYAN WANJAREversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.

Summary

The applicant, Santosh Narayan Wanjare, filed a bail application while his case was under investigation. During the pendency of the application, the investigation concluded and a charge sheet was filed. The applicant’s counsel requested permission to withdraw the pending bail application and to file a fresh bail application before the trial court, attaching the charge sheet. The Court granted leave to withdraw the current application and allowed the applicant to file a fresh bail application before the trial court on its merits. Consequently, the bail application was disposed of as withdrawn, with liberty to approach the trial court anew.

Issues considered

Whether a bail application pending before the High Court can be withdrawn and a fresh bail application filed before the trial court after the charge sheet is filed

Subjects

bail
withdrawal
charge sheet
trial court
fresh application

Judgment

2026:BHC-AUG:45510
                                                                         46ba1640-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           46 BAIL APPLICATION NO. 1640 OF 2026

                                   Santosh Narayan Wanjare
                                            VERSUS
                                   The State Of Maharashtra
                                               ...
            Mr. Mahendra Panditrao Gandle h/for Mr. Kapil Paikrao, Advocate for
            Applicant
            Mr. S. V. Hange, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 28th 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,    he 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       The Bail Application stands disposed of as withdrawn with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 the same on its own merits.




                                                       (HITEN S. VENEGAVKAR, J.)
 JPChavan




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