Bombay High Court

RAMKISHAN MURLIDHAR NATVEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court along with the charge-sheet.

Summary

The applicant, Ramkishan Murlidhar Natve, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet. 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 file a fresh bail application before the trial court with the charge-sheet, and dismissed the present bail application as withdrawn. The decision was based on the procedural rule that a bail application may be withdrawn and re‑filed when a charge-sheet is filed.

Issues considered

What is the appropriate procedure when a bail application is pending and a charge-sheet is filed?
Can the applicant be permitted to withdraw the bail application and file a fresh one before the trial court?

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:40566
                                                -1-
                                                                     951-BA-1685-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1685 OF 2026

                               RAMKISHAN MURLIDHAR NATVE
                                          VERSUS
                                THE STATE OF MAHARASHTRA

                                              ......
              Advocate for Applicant : Mr. G. R. Syed
              APP for Respondent - State : Mrs. Ashlesha S. Deshmukh
                                              ......

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 3rd SEPTEMBER 2026
              PER COURT :

              1.           Learned Advocate appearing for applicants 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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