Bombay High Court

ANIKET DAYANAND JADHAVversusTHE 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Disposal: Withdrawn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The bail application is disposed of as withdrawn, with liberty to file a fresh bail application before the trial court.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, Aniket Dayanand Jadhav, filed a bail application while his criminal investigation was ongoing. During the pendency of the bail 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 application and allowed the filing of a fresh bail application before the trial court. The Court directed that the trial court may consider the fresh bail application on its merits.

Issues considered

What is the appropriate procedural step when a bail application is pending and a charge sheet is filed?
Can the applicant withdraw a bail application and seek liberty to file a fresh application before the trial court?

Subjects

bail
withdrawal
fresh application
criminal procedure
charge sheet

Judgment

2026:BHC-AUG:43141
                                                                       1nobBa1789-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1789 OF 2026

                                    Aniket Dayanand Jadhav
                                               Vs.
                                State of Maharashtra and another
                                               …
            Mr. Abhijit S. More, Advocate for applicant
            Mr. S. A. Gaikwad, 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       The Bail Application stands disposed of as withdrawn with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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