Bombay High Court

BHIMA VITTHAL KARDILE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application may be withdrawn, and the applicants are permitted to file a fresh bail application before the trial court.

Summary

The applicants, Bhima Vitthal Kardile and another, filed a bail application before this Court. During the pendency of the application, the investigating agency completed its investigation and filed a charge sheet. The applicants' 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 present application and allowed the filing of a fresh bail 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Whether a bail application pending before the High Court can be withdrawn and a fresh bail application filed before the trial court after the charge sheet is filed.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

2026:BHC-AUG:45916
                                                                         56ba1772-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           56 BAIL APPLICATION NO. 1772 OF 2026

                              Bhima Vitthal Kardile And Another
                                           VERSUS
                            The State Of Maharashtra And Another
                                              ...
            Mr. Lukhe Arjun Raosaheb, Advocate for Applicant
            Mr. S. A. Gaikwad, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 28th September, 2026
            PER COURT :-


            1.       The learned Advocate for the applicants 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       The Bail Application stands disposed of as withdrawn with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 applicants prefer the fresh bail application, the trial

            court shall consider the same on its own merits.




                                                       (HITEN S. VENEGAVKAR, J.)
 JPChavan




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