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Bombay High Court

SAYYED ABDUL QUDUS ABDUL RASHIDversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The bail application was dismissed as withdrawn, with liberty granted to the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Sayyed Abdul Qudus Abdul Rashid, filed a bail application before the Bombay High Court, Aurangabad Bench. During the pendency of the application, the charge-sheet was filed in the trial court. The applicant's counsel sought permission to withdraw the bail application and requested liberty to file a fresh bail application before the trial court. The Court considered the request and allowed the withdrawal of the present application. Consequently, the bail application was dismissed as withdrawn, with liberty granted to approach the trial court for a fresh bail petition.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn after the filing of a charge-sheet
  • Whether the applicant should be granted liberty to file a fresh bail application before the trial court

Subjects

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

Judgment

                                                            1                        P5BA1866.2026.odt

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BENCH AT AURANGABAD

                                                BAIL APPLICATION NO. 1866 OF 2026

                             Sayyed Abdul Qudus Abdul Rashid                           ...Applicant
                                   Versus
                             The State of Mahasarashtra                                ...Respondent

                                                                   ......
                                  Miss Vishakha V. Bang h/f Mr. Nilesh S. Ghanekar – Advocate for the
                                                                Applicant
                                                  Mr. V. K. Kotecha – APP for the State
                                                                  .......

                                                         CORAM :     HITEN S. VENEGAVKAR, J.
                                                         DATED :     23RD SEPTEMBER, 2026

                             PER COURT :

                             1.             Not on board. Taken on board at the request of the learned

                             Advocate for the Applicant.


                             2.             The learned Advocate for the Applicant submits that, during

                             the pendency of the present Bail Application, the charge-sheet has been

                             filed. She, therefore, upon instructions, seeks permission to withdraw

                             the present Application with liberty to approach the Trial Court for filing

                             a fresh Bail Application.


                             3.             The Application stands dismissed as withdrawn with liberty

                             as prayed for.


                                                                      [ HITEN S. VENEGAVKAR ]
                                                                               JUDGE

                             SG Punde

Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 29/09/2026 17:51:53


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