Bombay High Court

KANAKTARA NARSIMHA VENGULI AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn
Bench: ABASAHEB D SHINDE

Holding

The Court granted leave to withdraw the bail application and ordered it disposed of as withdrawn.

Summary

The applicants filed a bail application in the Bombay High Court, Aurangabad Bench. While the application was pending, the charge-sheet was filed, prompting the applicants to seek permission to withdraw the bail application and re‑file it before the Sessions Court. The learned counsel argued that the change in circumstance justified withdrawal. The Court granted leave to withdraw the bail application, allowing the applicants to approach the Sessions Judge for bail. Consequently, the bail application was disposed of as withdrawn, with liberty to file a fresh application.

Issues considered

Whether the bail application may be withdrawn after the filing of the charge‑sheet and with liberty to re‑file before the Sessions Court

Subjects

bail
withdrawal
charge-sheet
procedural law
criminal procedure

Judgment

2026:BHC-AUG:6


                                                                             3.BA.2559.25
                                                    -1-


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   BAIL APPLICATION NO.2559 OF 2025

                               KANAKTARA NARSIMHA VENGULI AND ANR.
                                                  VERSUS
                                      THE STATE OF MAHARASHTRA
                                                     …
                               Advocate for applicant : Mr. Aziz R. Syed h/f.
                                                       Mr. Pandit Sushil Pushpendra
                           APP for respondent/State : Ms. Chaitali Chaudhari Kutti
                                                     …
                                                CORAM : ABASAHEB D. SHINDE, J.
                                                             (VACATION COURT)

                                                     DATED : 02 January, 2026.
                 PER COURT :-
                 1.             Learned counsel for the applicant submits that during the

                 pendency of this Bail Application, the charge-sheet has been filed and,

                 therefore, the applicant wants to file bail application before the

                 learned Sessions Court and, therefore, seeks leave to withdraw this

                 Bail Application.

                 2.             Leave granted.

                 3.             The bail application is thus stands disposed of as

                 withdrawn with liberty to the applicant to file bail application before

                 the learned Sessions Judge, in view of change in circumstance.




                                                          (ABASAHEB D. SHINDE, J.)

                 habeeb/

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