Bombay High Court

ABDUL AABU KHANversusSTATE OF MAHARASHTRA

Disposal: Disposed Off
Bench: NITIN B SURYAWANSHI

Holding

The court held that the applicant may withdraw the bail application and granted permission to do so.

Summary

The applicant, Abdul Aabu Khan, filed a bail application before the charge sheet was filed in the trial court. Subsequently, the charge sheet was filed, prompting the applicant to move a praecipe seeking permission to withdraw the bail application. The applicant's counsel, Advait P. Vajaratkar, argued that the bail application was no longer necessary. The court considered whether the applicant could be allowed to withdraw the application after the filing of the charge sheet. The judge granted permission to withdraw, disposing of the bail application as withdrawn while granting the applicant liberty to file a fresh bail application before the trial court. The order was pronounced on 28 January 2026.

Issues considered

Whether the applicant may be permitted to withdraw a bail application after the charge sheet has been filed

Subjects

bail
charge sheet
withdrawal
criminal procedure
high court

Judgment

                                                       ba3752-25.doc
drp
      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
              CIRCUIT BENCH AT KOLHAPUR
            CRIMINAL APPELLATE JURISDICTION

             BAIL APPLICATION NO.3752 OF 2025

Abdul Aabu Khan                                        APPLICANT

      VERSUS

The State of Maharashtra                           RESPONDENT

                                 .......
Mr. Advait P. Vajaratkar, Advocate for the applicant
Mr. Nitin B. Patil, APP for Respondent - State
                                 .......

                        [CORAM : NITIN B. SURYAWANSHI, J.]

                           DATE : 28th JANUARY, 2026

ORDER :

1.    By moving a praecipe dated 14 th November, 2025, learned

Advocate for the Applicant has submitted that this Application is

iled prior to iling of the charge sheet and now charge sheet is

iled, therefore, the Applicant seeks permission to withdraw the

Bail Application.


2.    Permission is granted.


3.    Bail Application is disposed of as withdrawn with liberty to

apply for bail before the Trial Court.



                                  [ NITIN B. SURYAWANSHI ]
                                           JUDGE
drp/ba3752-25.doc

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