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Bombay High Court

SACHIN LAXMAN KANTHALEversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application along with the charge-sheet.

Summary

The applicant, Sachin Laxman Kanthale, filed a bail application in the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the charge-sheet in the underlying criminal case was filed. The applicant's counsel sought permission to withdraw the bail application and to approach the trial court afresh, attaching a copy of the charge-sheet. The Court granted the request, allowing the withdrawal and permitting a fresh application to be filed with the charge-sheet. Consequently, the original bail application was dismissed as withdrawn, with the liberty to file a new application that will be decided on its merits.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn and refiled after the charge-sheet is filed

Subjects

  • bail
  • charge-sheet
  • withdrawal
  • fresh application
  • criminal procedure

Judgment

                                                              1                      942BA1647.2026.odt

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   BENCH AT AURANGABAD

                                           942 BAIL APPLICATION NO. 1647 OF 2026

                                                      Sachin Laxman Kanthale
                                                              VERSUS
                                                      The State Of Maharashtra
                                                                 ...
                             Miss Shital S. Karle h/f Mr. Ubaid S. Hashmi - Advocate for Applicant
                             Mr. S. A. Gaikwad - APP for the State
                                                                 ...

                                                      CORAM :       HITEN S. VENEGAVKAR, J.
                                                      DATED :       01ST OCTOBER, 2026

                             PER COURT :

                             1.          The learned Advocate for the Applicant submits that, during

                             the pendency of the present Application, the charge-sheet came to be

                             filed. She submits that she has instructions to withdraw the present

                             Application with liberty to approach the learned Trial Court afresh by

                             annexing a copy of the charge-sheet.

                             2.          Permission is granted.

                             3.          The Application stands dismissed as withdrawn, with liberty

                             to file a fresh application along with a copy of the charge-sheet. If any

                             such application is preferred, the same shall be decided on its own

                             merits.

                                                                     [ HITEN S. VENEGAVKAR ]
                                                                              JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 01/10/2026 20:46:26


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