Bombay High Court

JAVED SULEMAN KHANversusSTATE OF MAHARASHTRA

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The High Court granted leave to withdraw the bail application and disposed of it without hearing on merits.

Summary

The applicant, Javed Suleman Khan, filed a criminal bail application before the Bombay High Court. His counsel, Mr. Swatesh Tripathi, sought leave to withdraw the application on the ground that a charge‑sheet had been filed, and requested liberty to file a fresh bail application before the trial court. The Court, after considering the request, granted leave to withdraw the bail application. It clarified that the application was not heard on its merits and was disposed of as withdrawn. Consequently, the applicant may now approach the trial court with a new bail petition.

Issues considered

Whether a bail application can be withdrawn after the filing of a charge‑sheet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
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

WAKLE
MANOJ                 MANOJ                                                    3-BA-3807-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.10.06           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
09:54:42 +0530
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.3807 OF 2026
                      Javed Suleman Khan                                      …Applicant
                              V/s.
                      The State of Maharashtra                                …Respondent


                      Mr. Swatesh Tripathi i/by Adv. R. M. Upadhyay, for the Applicant.
                      Mr. R. M. Pethe, APP for the Respondent-State.
                      PSI- Meghwale, Kanjurmarg Police Station, Mumbai, present.


                                                 CORAM: SHYAM C. CHANDAK, J.
                                                 DATED : 5th OCTOBER, 2026
                      P.C. :-

                      1.      Mr. Tripathi, 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 charge-sheet.

                      2.      Leave and liberty to withdraw is granted.

                      3.      Application stands disposed of as withdrawn.

                      4.      It is clarified that this Application is not heard on merits.



                                                       (SHYAM C. CHANDAK, J.)




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