Bombay High Court

MUKHTAR NUR SAYYEDversusTHE 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Disposal: Withdrawn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The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.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

The applicant, Mukhtar Nur Sayyed, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet in the underlying criminal case. 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 withdrawal and permitting a fresh application to be filed with the charge-sheet. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after the filing of a charge-sheet
Whether the applicant may be granted liberty to file a fresh bail application before the trial court

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:42818
                                                -1-
                                                                   NOB-6-BA-1658-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1658 OF 2026

                                  MUKHTAR NUR SAYYED
                                           VERSUS
                               THE STATE OF MAHARASHTRA
                                               ....
              Advocate for Applicant : Mr. Nilesh S. Ghanekar a/w Mr. Dhanraj
              Ingole and Mr. Shaikh Sohail Subhedar
              APP for Respondents/State : Mr. V.K.Kotecha
                                               .…
                                           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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