Bombay High Court

SAGAR SHRAWAN BHOSALEversusTHE STATE OF MAHARASHTRA

Disposal: DISMISSED

Holding

The court allowed the withdrawal of the bail application and dismissed it as withdrawn.

Summary

The applicant, Sagar Shrawan Bhosale, sought to withdraw his pending bail application after being re-arrested following a non-bailable warrant. The earlier bail application had been rejected because charges were not yet framed, with liberty to file a fresh application once charges were framed. The applicant’s counsel informed the court that charges have now been framed, creating a basis for a fresh bail application, and requested withdrawal of the current application. The court granted permission to withdraw the bail application and directed that any fresh application be considered on its merits by the trial court. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application pending before the High Court can be withdrawn at the request of the applicant.
Whether a fresh bail application may be filed after the charges have been framed.

Subjects

bail
withdrawal of application
non-bailable warrant
framing of charges
fresh bail application

Judgment

2026:BHC-AUG:43914
                                               -1-
                                                                  NOB-9-BA-1699-2026

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1699 OF 2026

                                SAGAR SHRAWAN BHOSALE
                                            VERSUS
                               THE STATE OF MAHARASHTRA
                                              ...
              Advocate for Applicant : Mr. Sagar Mahale h/f. Mr. Shaikh Mazhar
              A. Jahagirdar a/w Chaudhari Dhananjay Rajendra
              APP for Respondents/State : Mr. D.J. Patil
                                              ...
                                          CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 22nd SEPTEMBER 2026
              PER COURT :

              1.         Not on board. Upon mentioning taken on board.


              2.         Learned Advocate for the applicant submits that, he

              has instructions to withdraw the bail application with liberty to file

              a fresh application.


              3.         The learned Advocate for the applicant submits that,

              applicant was initially released on bail, however, he was

              subsequently arrested after issuance of a non-bailable warrant. The

              bail application was earlier rejected on the ground that the charges

              were not framed and liberty was granted to prefer fresh

              application after framing of charges. He submits that, charges have

              already been framed, and therefore, the cause for filing fresh

              application has arisen before the learned Trial Court on this

              ground. Therefore, he seeks withdrawal.
                                 -2-
                                                   NOB-9-BA-1699-2026




4.           Permission to withdraw the application is granted.


5.           A fresh application, if filed on the ground that the
charges have already been framed, be considered by the learned
Trial Court on its own merits.


6.           Bail application is dismissed as withdrawn with liberty

as prayed.


                                       (HITEN S. VENEGAVKAR)
                                              JUDGE




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