Bombay High Court

KIRAN UTTAM POLEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Kiran Uttam Pole, filed a bail application before the High Court of Bombay, 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 trial court is directed to 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Whether a bail application pending before a High Court can be withdrawn and a fresh application filed before the trial court after the charge sheet is filed

Subjects

bail
withdrawal
charge sheet
trial court
high court

Judgment

2026:BHC-AUG:41864
                                                                       2nobBa1765-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1765 OF 2026

                                        Kiran Uttam Pole
                                              Versus
                             The State of Maharashtra and another
                                                …
            Mr. Balaji S. Chondhekar, Advocate for the Applicant
            Mr. K. K. Naik, APP 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       The Bail Application stands disposed of as withdrawn with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.       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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