Bombay High Court
KADUBA SANJAY OLEKARversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
Holding
The bail application was dismissed as withdrawn, with liberty granted to the applicant to approach the trial court for a fresh bail application.
Summary
The applicant, Kaduba Sanjay Olekar, filed a bail application in the Bombay High Court, Aurangabad bench. During the pendency of the application, the charge-sheet was filed, prompting the applicant's counsel to seek permission to withdraw the bail application and obtain liberty to file a fresh bail application before the trial court. The court considered whether such a withdrawal could be permitted. It held that the application could be dismissed as withdrawn, granting the applicant liberty to approach the trial court for a new bail petition. Consequently, the bail application was dismissed as withdrawn with liberty as prayed for.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn after the filing of a charge-sheet and the applicant be granted liberty to file a fresh bail application before the trial court
Subjects
- bail
- charge-sheet
- withdrawal
- criminal procedure
- high court
Judgment
1 P7BA1645.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1645 OF 2026
Kaduba Sanjay Olekar ...Applicant
Versus
The State of Mahasarashtra ...Respondent
......
Mr. Abhinay D. Khot – Advocate for the Applicant
Mr. V. K. Kotecha – APP for the State
.......
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 23RD SEPTEMBER, 2026
PER COURT :
1. Not on board. Taken on board at the request of the learned
Advocate for the Applicant.
2. The learned Advocate for the Applicant submits that, during
the pendency of the present Bail Application, the charge-sheet has been
filed. He, therefore, upon instructions, seeks permission to withdraw the
present Application with liberty to approach the Trial Court for filing a
fresh Bail Application.
3. The Application stands dismissed as withdrawn with liberty
as prayed for.
[ HITEN S. VENEGAVKAR ]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 30/09/2026 17:56:48
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