Bombay High Court

JAGDISH KAPUR PATELversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn
Bench: ABASAHEB D SHINDE

Holding

The Court allowed the withdrawal of the bail application and permitted the applicant to file a fresh bail application before the Sessions Court.

Summary

The applicant, Jagdish Kapur Patel, filed a bail application in the Bombay High Court, Aurangabad Bench. While the application was pending, the charge-sheet was filed, prompting the applicant to seek permission to withdraw the bail application and instead file a fresh bail application before the Sessions Court. The learned counsel for the applicant argued that the change in circumstance justified withdrawal. The Court granted leave to withdraw the bail application, disposing of it as withdrawn, and allowed the applicant liberty to approach the Sessions Judge for bail. No substantive discussion on merits of bail was required as the application was withdrawn.

Issues considered

Whether the applicant may be permitted to withdraw the bail application after the filing of the charge-sheet and seek to file a fresh bail application before the Sessions Court

Subjects

bail
withdrawal
charge-sheet
Sessions Court
High Court

Judgment

2026:BHC-AUG:5


                                                                             4.BA.2560.25
                                                    -1-


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   BAIL APPLICATION NO.2560 OF 2025

                                          JAGDISH KAPUR PATEL
                                                  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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