Bombay High Court

SHOAIB RAFIULLAH KHANversusTHE STATE OF MAHARASHTRA

Decided: 17 January 2026
Disposal: Disposed off as Withdrawn
Bench: NEELA KEDAR GOKHALE

Holding

The bail application was disposed of as withdrawn, with liberty to file a fresh application before the Trial Court.

Summary

The applicant, Shoaib Rafiullah Khan, filed a bail application in the Bombay High Court. The State informed the Court that the charge-sheet had been filed before the Trial Court on 12 January 2026. The applicant's counsel sought permission to withdraw the bail application and to file a fresh application before the Trial Court. The Court granted permission to withdraw the bail application with liberty to file a fresh one. Consequently, the bail application was disposed of as withdrawn.

Issues considered

What is the appropriate procedure for withdrawing a bail application pending before the High Court?
Whether the applicant may be granted liberty to file a fresh bail application before the Trial Court after withdrawal?

Subjects

bail
withdrawal
criminal procedure
high court

Judgment

Prasad Rajput
    (P.A.)                                   3_BA_19_2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO.19 OF 2026
Shoaib Rafiullah Khan                               …Applicant
      Versus
State of Maharashtra                                …Respondent


Mr. Abhinav J Dubey a/w Rajalaxmi Gopal Dubey, for the
      Applicant.
Mr. Mayur S. Sonavane, APP for the Respondent - State.
PSI – Milind Shinde, Nayanagar Police Station, MBVV Police
      Commissionerate, present.


                       CORAM       DR. NEELA GOKHALE, J.
                       DATED:      17TH JANUARY 2026
PC:-


1.              Mr. Mayur Sonavane, learned APP representing

the State, on instructions, states that the charge-sheet is filed

before the Trial Court on 12th January, 2026.



2.              In view of the statement made by Mr. Sonavane,

Mr. Abhinav Dubey, learned counsel for the Applicant, seeks

permission to withdraw the present Bail Application with

liberty to file a fresh bail application before the Trial Court.

Permission is granted with the aforesaid liberty.



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                           17 January 2026
Prasad Rajput
    (P.A.)                                          3_BA_19_2026.doc


3.              Bail Application is disposed of as withdrawn.




                                              (DR. NEELA GOKHALE, J)




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                             17 January 2026

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