Bombay High Court

SHIV RAMRAKSHA YADAVversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn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The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.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, Chaudhari N. L., filed a bail application in 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 pending 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 The bail application was therefore disposed of as withdrawn, and the trial court was directed to consider any fresh application on its merits.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Whether a bail application pending before a High Court can be withdrawn and a fresh bail application filed before the trial court after the charge sheet is filed.

Subjects

bail
withdrawal
charge sheet
trial court
procedural law

Judgment

                                                                        58ba1774-26

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          58 BAIL APPLICATION NO. 1774 OF 2026

                                      Shiv Ramraksha Yadav
                                             VERSUS
                             The State Of Maharashtra And Another
                                               ...
           Mr. Rahul R. Awhad h/for Mr. Chaudhari N. L., Advocate for Applicant
           Mr. D. J. Patil, APP for the Respondent-State


                                  CORAM : HITEN S. VENEGAVKAR, J.
                                    Dated : 28th 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       The Bail Application stands disposed of as withdrawn with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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