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Bombay High Court

GANESH CHHAGAN MUNNEversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Ganesh Chhagan Munne, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet against the applicant. The applicant's counsel sought permission to withdraw the bail application and to file a fresh application before the trial court, attaching the charge-sheet. The Court granted permission to withdraw the bail application with liberty to file a fresh application before the trial court, directing that if the fresh application is filed together with the charge-sheet, the trial court will decide it according to law. Consequently, the bail application was dismissed as withdrawn.

Issues considered

  • What is the appropriate course of action when a charge-sheet is filed during the pendency of a bail application?

Subjects

  • bail
  • charge-sheet
  • withdrawal
  • criminal procedure
  • high court

Judgment

2026:BHC-AUG:43900
                                                -1-
                                                                   NOB-4-BA-1804-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                              BAIL APPLICATION NO. 1804 OF 2026
                                    Ganesh Chhagan Munne
                                            Versus
                                   The State of Maharashtra
                                               .....
              Mr. Datta Sundarrao Kale, Advocate for Applicant
              Mr. V. K. Kotecha - APP for the State
                                               .....

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 22nd SEPTEMBER 2026
              PER COURT :

              1.           Not on board. Upon mentioning taken on board.

              2.           Learned Advocate appearing for applicant submits that,
              during pendency of present application, charge-sheet has been
              filed, and therefore he has instructions to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              3.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.

              4.           In case the application is preferred alongwith the
              charge-sheet then the learned Trial Court decide the same in
              accordance with law.

              5.           Bail application is dismissed as withdrawn with liberty
              as prayed.

                                                      (HITEN S. VENEGAVKAR)
                                                             JUDGE



              Tandale


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