Bombay High Court

KIRAN BALU GANGURDEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court held that the bail application may be withdrawn and the applicant may file a fresh application before the trial court along with the charge-sheet.

Summary

The applicant Kiran Balu Gangurde filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge-sheet. 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 and allowed the filing of a fresh application before the trial court with the charge-sheet. It directed that if the fresh application is filed together with the charge-sheet, the trial court shall decide it according to law. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application may be withdrawn after a charge-sheet has been filed and a fresh application filed before the trial court

Subjects

bail
withdrawal
charge-sheet
criminal procedure
trial court

Judgment

2026:BHC-AUG:46646
                                                -1-
                                                                   NOB-1-BA-1900-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                              BAIL APPLICATION NO. 1900 OF 2026
                                  KIRAN BALU GANGURDE
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                              .....
              Advocate for Applicant : Mr. Yogesh Hanumant Lagad
              APP for Respondent - State : Mr. S. V. Hange
                                              .....

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 06th OCTOBER 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 shall 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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