Bombay High Court

HAJRA KHATOON MUSHTAK SHAIKHversusTHE STATE OF MAHARASHTRA

Decided: 18 September 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the bail application and ordered its disposal without hearing on merits.

Summary

Hajra Khatoon Mushtak Shaikh filed a criminal bail application before the Bombay High Court. Counsel for the applicant, Mr. Manoj R. Gowd, sought leave to withdraw the application on the ground that a charge-sheet had been filed. The Court considered whether the bail application could be withdrawn after the filing of the charge-sheet and whether the applicant could be permitted to file a fresh bail application before the trial court. The Court granted leave and liberty to withdraw the bail application. The application was disposed of as withdrawn without being heard on its merits.

Issues considered

Whether a criminal bail application may be withdrawn after the filing of a charge-sheet
Whether the High Court can grant liberty to file a fresh bail application before the trial court

Subjects

bail
criminal procedure
withdrawal of application
charge-sheet
High Court

Judgment

WAKLE
MANOJ                 MANOJ                                                904-BA-3435-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JANARDHAN
Date: 2026.09.18
20:12:03 +0530
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.3435 OF 2026
                      Hajra Khatoon Mushtak Shaikh                          …Applicant
                              V/s.
                      The State of Maharashtra                              …Respondent


                      Mr. Manoj R. Gowd (through VC), for the Applicant.
                      Ms. K.T. Hiwrale, APP for the Respondent-State.
                      Mr. Madhukar L. Moule, Shivaji Nagar Police Station, Mumbai,
                      present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 18th SEPTEMBER, 2026
                      P.C. :-

                      1.      Mr. Gowd, learned Counsel for the Applicant, on instructions,
                      seeks leave to withdraw the aforesaid Application with liberty to file
                      fresh Bail Application before the trial Court, on the ground of filing
                      of the charge-sheet.

                      2.      Leave and liberty to withdraw is granted.

                      3.      Application stands disposed of as withdrawn.

                      4.      It is made clear that this Application is not heard on merits.



                                                       (SHYAM C. CHANDAK, J.)




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