Bombay High Court

ASHRAF AHEMAD MIRZAversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court granted leave to withdraw the bail application and directed that a fresh bail application may be filed after the charge-sheet is filed.

Summary

The applicant, Ashraf Ahemad Mirza, sought bail from the Bombay High Court, Aurangabad Bench, while the State of Maharashtra opposed the relief. Both parties presented arguments, and the State highlighted material against the applicant. The court, reluctant to grant bail at this stage, allowed the applicant to withdraw the current bail application and permitted filing a fresh application after the charge-sheet is filed. The bail application was therefore disposed of as withdrawn. The trial court will consider any fresh bail application on its merits in accordance with law.

Issues considered

Whether bail should be granted to the applicant pending filing of the charge-sheet
Whether the applicant may withdraw the bail application and file a fresh one later

Subjects

bail
criminal procedure
withdrawal of application
high court
charge-sheet

Judgment

2026:BHC-AUG:38174
                                                                         928appln1643-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            928 BAIL APPLICATION NO. 1643 OF 2026

                                     Ashraf Ahemad Mirza
                                           VERSUS
                                   The State Of Maharashtra
                                              ...
            Mr. Rameez M. Shaikh, Advocate for Applicant
            Mr. S. D.Ghayal, APP for Respondent State


                                    CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 21st August, 2026
            PER COURT :-

            1.       Heard the learned Advocate for the applicant and learned APP
            or the State.

            2.       Though the matter was argued substantially and even the
            learned APP has pointed out the material against the present applicant,
            this court, upon showing its disinclination to allow the application, the
            learned Advocate for the applicant, on instructions, seeks withdrawal
            of the application with liberty to file fresh application after filing of the
            charge-sheet.

            3.       Leave as prayed is granted. The Bail Application stands
            disposed of as withdrawn.

            4.       If the applicant prefers the fresh bail application alongwith
            charge-sheet before the trial court, then the trial court shall consider it
            on its own merits, in accordance with law.



                                                         (HITEN S. VENEGAVKAR, J.)
 JPChavan




                                                                                   1 of 1

Continue reading with your account

Checking your session…