Bombay High Court
MAULA KHAN WAHAB KHAN PATHANversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
Holding
The bail application is dismissed as withdrawn, with liberty granted to file a fresh application before the trial court.
Summary
The petitioner, Maula Khan Waheb Khan Pathan, filed a bail application before the Aurangabad Bench of the Bombay High Court. During the pendency of the application, the prosecution lodged a charge sheet. The petitioner, through his counsel, sought to withdraw the bail application and requested liberty to file a fresh bail application before the trial court. The court accepted the applicant's statement that the charge sheet had been filed. It granted the liberty to withdraw the present application and to file a new one. Consequently, the bail application was dismissed as withdrawn.
Issues considered
- Whether a bail application can be withdrawn after a charge sheet is filed
- Whether the court may grant liberty to file a fresh bail application before the trial court
Subjects
- bail
- charge sheet
- withdrawal
- criminal procedure
- high court
Judgment
1 ba1851.26 call papers
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1851 OF 2026
MAULA KHAN WAHEB KHAN PATHAN
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Advocate for the Applicant : Mr. V.A. Bagdiya
APP for the Respondent State : Mr.S.D. Ghayal
…
CORAM : HITEN S. VENEGAVKAR, J.
DATE : 07.09.2026
PER COURT :
1. Upon instructions, learned Advocate appearing for applicant
submits that charge sheet has been filed during pendency of present bail
application. Therefore, he has instructions to withdraw the present bail
application with liberty to file fresh bail application before the Trial
Court. The statement is accepted.
2. Liberty as prayed is granted.
3. The bail application stands dismissed as withdrawn.
(HITEN S. VENEGAVKAR, J.)
mahajansb/
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