Bombay High Court

PRABHAKAR SHETTYversusSTATE OF MAHARASHTRA

Decided: 13 May 2026
Disposal: Disposed off as Withdrawn
Bench: SANDESH DADASAHEB PATIL

Holding

The bail application is allowed to be withdrawn with liberty to file a fresh application before the trial court.

Summary

The applicant, Prabhakar Shetty, filed a bail application in the Bombay High Court after a chargesheet had been filed against him. Counsel for the applicant sought leave to withdraw the bail application, stating that a fresh application would be filed before the trial court. The court considered whether the withdrawal could be permitted at this stage of the proceedings. No substantive objections were raised by the respondent, the State of Maharashtra. The court allowed the withdrawal, granting the applicant liberty to file a new bail application before the trial court, and the present application was disposed of as withdrawn.

Issues considered

Whether a bail application may be withdrawn after the filing of a chargesheet and with liberty to file a fresh application before the trial court

Subjects

bail
withdrawal
chargesheet
criminal procedure
High Court

Judgment

          Digitally
          signed by
          RUPALI                                                       1-BA-539-2026.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.05.14
          15:35:07
          +0530           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                BAIL APPLICATION NO. 539 OF 2026


                  Prabhakar Shetty                                   ...Applicant
                       Versus
                  The State of Maharashtra                           ...Respondent
                                             WITH
                              INTERIM APPLICATION NO. 540 OF 2026
                                               IN
                                BAIL APPLICATION NO. 539 OF 2026

                  Mohammed Aslam Qureshi                             ...Applicant
                       Versus
                  Prabhakar Shetty                                   ...Respondent

                  Mr. Atul Joshi for the Applicant.

                  Ms. Supriya Kak, A.P.P for the Respondent-State.

                  API – Mr. Pravin Adam attached to EOW, Mumbai, present.

                                     CORAM : SANDESH D. PATIL, JJ.
                                     DATE : 13th MAY, 2026
                                            (VACATION COURT)

                 P.C. :


                  1.          Learned Counsel for the applicant states that the

                  chargesheet has been filed and therefore, he seeks leave to withdraw


    Wakodikar                                                                        1/2
                                                                    1-BA-539-2026.doc


            the application with liberty to file a fresh application before the

            learned Trial Court.



            2.            Application allowed to be withdrawn with liberty as

            prayed for.



            3.            Application stands disposed of as withdrawn.




                                                            SANDESH D. PATIL, J.




Wakodikar                                                                         2/2

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