Bombay High Court

BALIRAM GORAKHANATH NEMANEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and granted liberty to file a fresh application before the trial court.

Summary

The applicant, Baliram Gorakhanath Nemane, 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 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 The Court considered whether a bail application could be withdrawn after a charge-sheet is filed and whether liberty could be granted to re‑apply. The Court granted the request, allowing withdrawal and permitting a fresh application with the charge-sheet before the trial court. Consequently, the bail application was dismissed as withdrawn with liberty to refile.

Issues considered

Whether a bail application pending before a High Court can be withdrawn after the filing of a charge-sheet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

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court
trial court

Judgment

2026:BHC-AUG:43921
                                                -1-
                                                                     959-BA-1668-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1668 OF 2026

                            BALIRAM GORAKHANATH NEMANE
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                              .....
              Advocate for Applicant : Mr. Akash Ingle h/f. Mr. Balbhim R. Kedar
              APP for Respondent - State : Mr. K. K. Naik
                                              .....

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 22nd SEPTEMBER 2026
              PER COURT :

              1.           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.


              2.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.

              3.           In case the application is preferred along with the
              charge-sheet then the learned Trial Court shall decide the same in
              accordance with law.

              4.           Bail application is dismissed as withdrawn with liberty

              as prayed.

                                                      (HITEN S. VENEGAVKAR)
                                                             JUDGE
              Tandale

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