Bombay High Court

SALMAN USMAN SAYYEDversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn
Bench: ABASAHEB D SHINDE

Holding

The Court granted leave to withdraw the bail applications and allowed the petitioners to file fresh bail applications before the Sessions Court.

Summary

The petitioners, Shyam Murlidhar Salunke, filed bail applications (Nos. 2350 and 2351 of 2025) before the Bombay High Court, Aurangabad Bench. During the pendency of these applications, the charge sheet was filed against the accused. Counsel for the petitioners sought leave to withdraw the pending bail applications, citing the change in circumstances, and requested liberty to file fresh bail applications before the Sessions Court. The Court considered the request and, finding no impediment, granted leave to withdraw the applications. Consequently, both bail applications were disposed of as withdrawn, with liberty to approach the Sessions Court for fresh bail.

Issues considered

What is the appropriate procedure when a charge sheet is filed during the pendency of a bail application?
Can the Court grant leave to withdraw a bail application and permit the filing of a fresh application before a lower court?

Subjects

bail
withdrawal
charge sheet
sessions court
leave of court

Judgment

2026:BHC-AUG:4

                                                                           BA-2351-2025
                                                -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO.2351 OF 2025
                                            WITH
                              BAIL APPLICATION NO.2350 OF 2025

                                 SHYAM MURLIDHAR SALUNKE
                                           VERSUS
                                 THE STATE OF MAHARASHTRA
                                              .....
            Mr. Siddhesh Ghodke h/f. Mr. Vijay Wakale, Advocate for Applicants
            Mr. S. B. Jadhav, APP for Respondent - State
                                              .....

                                       CORAM : ABASAHEB D. SHINDE, J.
                                              (VACATION COURT)
                                            DATED : 2ND JANUARY, 2026

            PER COURT :-

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


            2.        Learned counsel for applicants submits that, during pendency of

            these bail applications, charge sheet has been filed. Therefore, on

            instructions, he seeks leave to withdraw the present bail applications with

            liberty to file fresh bail applications before the sessions court in view of

            change in circumstances.


            3.        Leave is granted. Both bail applications are disposed off as

            withdrawn with liberty as prayed.


                                                         (ABASAHEB D. SHINDE, J.)

            Tandale

Continue reading with your account

Checking your session…