Bombay High Court

SAYYED SADEK SAYYED MUKHTARversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The High Court allowed the withdrawal of the pending bail application and permitted the filing of a fresh bail application before the trial court.

Summary

The applicant, Sayyed Sadek Sayyed Mukhtar, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency completed its investigation and filed a charge sheet. The applicant’s counsel sought permission to withdraw the pending bail application and to file a fresh bail application before the trial court, attaching the charge sheet. The Court, after hearing the counsel, granted leave to withdraw the bail application and allowed the applicant to file a fresh application before the trial court. The Court directed that the trial court consider any fresh bail application on its merits.

Issues considered

Whether a bail application pending before a High Court can be withdrawn and a fresh bail application filed before the trial court after the charge sheet is filed.

Subjects

bail
withdrawal
charge sheet
trial court
criminal procedure

Judgment

                                                                     7nobBA1738-26

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           BAIL APPLICATION NO. 1738 OF 2026

                                Sayyed Sadek Sayyed Mukhtar
                                               Vs.
                                     State of Maharashtra
                                               …
           Mr. Manish P. Tripathi, Advocate for applicant
           Mrs. A. S. Deshmukh, APP for the State


                                  CORAM : HITEN S. VENEGAVKAR, J.
                                    Dated : 21st September, 2026
           PER COURT :-


           1.       The learned Advocate for the applicant submits that during

           pendency of the present application, the investigation is completed and

           charge sheet has been filed.     On instructions,    he seeks leave to

           withdraw the present application with liberty to file a fresh application

           before the trial court with copy of the charge sheet. Leave granted.


           2.       The Bail Application stands disposed of as withdrawn with

           liberty to file fresh Application along-with charge-sheet before the

           learned Trial Court.


           3.       If the applicant prefers the fresh bail application, the trial

           court shall consider the same on its own merits.




                                                      (HITEN S. VENEGAVKAR, J.)
JPChavan




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