Bombay High Court

BILDAR ALIAS BHIMSING MANYA BHOSLE ALIAS BHIMSING MANYA PAWARAversusTHE 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Disposal: Withdrawn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The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.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, Bildar alias Bhimsing Manya Bhosle, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet, prompting the applicant's counsel to seek withdrawal of the bail application with permission to file a fresh application before the trial court along with the charge-sheet. The Court granted permission to withdraw and allowed the filing of a fresh application, directing that if the fresh application is filed together with the charge-sheet, the trial court should decide it per law. Consequently, the bail application was dismissed as withdrawn. The order reflects the Court's procedural direction on handling bail applications when a charge-sheet is filed.

Issues considered

Whether a bail application pending before the High Court can be withdrawn upon filing of a charge-sheet and a fresh application filed before the trial court.

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:40568
                                                -1-
                                                                     950-BA-1684-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1684 OF 2026

                   BILDAR ALIAS BHIMSING MANYA BHOSLE ALIAS BHIMSING
                                     MANYA PAWARA
                                         VERSUS
                               THE STATE OF MAHARASHTRA
                                           ......
              Advocate for Applicant : Mr. Suniket Anil Kulkarni a/w Ms. Rutuja L.
              Jakhade
              APP for Respondent - State : Mr. V. K. Kotecha
                                               ......

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 3rd 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 alongwith the
              charge-sheet then the learned Trial Court 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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