Bombay High Court

ALINA RIYAZ SHAIKH ALIAS ALINA ANIS RAJVIversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application may be withdrawn and the petitioner is granted liberty to file a fresh application before the trial court with the charge‑sheet.

Summary

The petitioner Alina Riyaz Shaikh applied for bail before the Aurangabad Bench of the Bombay High Court. During the pendency of the bail application, the prosecution filed a charge‑sheet. The petitioner’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 The Court examined whether the bail application could be withdrawn and the petitioner could be allowed to re‑apply. It held that the withdrawal was permissible and granted liberty to file a fresh application with the charge‑sheet. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after filing of charge‑sheet and whether the petitioner may be permitted to file a fresh bail application before the trial court.

Subjects

bail
withdrawal
charge-sheet
criminal procedure

Judgment

2026:BHC-AUG:41208
                                                -1-
                                                               NOB-7-APPLN-1655-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                              BAIL APPLICATION NO.1655 OF 2026
                           ALINA RIYAZ SHAIKH @ ALINA ANIS RAJVI
                                          VERSUS
                                THE STATE OF MAHARASHTRA
                                                .....
              Mr. Nilesh Ghanekar a/w Mr. Dhanraj S. Ingole, Advocate for Applicant
              Mr. K. K. Naik, APP for Respondent – State
                                                .....

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 3rd 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

Continue reading with your account

Checking your session…