Bombay High Court

SHIVAJI CHANDRAKANT THORAVEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

Shivaji Chandrakant Thorave 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 the request, allowing the applicant to withdraw the current bail application and to approach the trial court with a fresh application along with the charge-sheet. Consequently, the bail application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure when a charge-sheet is filed during the pendency of a bail application?

Subjects

bail
charge-sheet
withdrawal
criminal procedure
high court

Judgment

2026:BHC-AUG:42817
                                                -1-
                                                                   NOB-4-BA-1651-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1651 OF 2026

                              SHIVAJI CHANDRAKANT THORAVE
                                          VERSUS
                                THE STATE OF MAHARASHTRA

                                               …...
                           Advocate for Applicant : Mr. Kiran P. Rathod
                           APP for Respondent/State : Mr. S.A. Gaikwad
                                               .…
                                           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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