Bombay High Court

KHUSHAL SHIVDAS ROOMversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.

Summary

The applicant, Khushal Shivadas Room, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigation concluded and a charge sheet was filed. The applicant’s counsel sought permission to withdraw the bail application and to file a fresh bail application before the trial court, attaching the charge sheet. The Court granted leave to withdraw the present application and allowed the applicant to file a fresh bail application before the trial court. The bail application was therefore disposed of as withdrawn, with the trial court to consider any fresh application on its merits.

Issues considered

Whether a bail application pending before a High Court can be withdrawn and a fresh application filed before the trial court after the charge sheet is filed.

Subjects

bail
withdrawal
charge sheet
trial court
criminal procedure

Judgment

2026:BHC-AUG:41860
                                                                       10nobBA1752-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1752 OF 2026

                                     Khushal Shivadas Room
                                                Vs.
                                    The State of Maharashtra
                                                 …
            Mr. Kailas B. Jadhav, Advocate for the Applicant,
            Mr. V. K. Kotecha, Addl. PP for the State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 8th 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       The Bail Application stands disposed of as withdrawn with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.       In case the applicant prefers the fresh bail application, the trial

            court shall consider it on its own merits.




                                                         (HITEN S. VENEGAVKAR, J.)
 JPChavan




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