Created by Fuzzy Cloud

Bombay High Court

ALTAF BALEKHAN BAIRAGADASversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The court allowed the withdrawal of the bail application, permitting a fresh application to be filed before the trial court.

Summary

Altaf Balekhan Bairagadas applied for bail in connection with a case registered at Shiroli MIDC Police Station (Crime Reg. No. 132/2026). While the bail application was pending, the charge sheet was filed, prompting his counsel to seek withdrawal of the bail application and to file a fresh one before the trial court. The State's counsel did not oppose the request. The High Court, after noting the applicant's intention, granted leave to withdraw the present bail application and directed that any fresh application be considered on its own merits. Consequently, Bail Application No. 558 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn after the filing of a charge sheet and a fresh bail application filed before the trial court

Subjects

  • bail
  • withdrawal
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                                              46-BA-558-2026.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO. 558 OF 2026
Altaf Balekhan Bairagadas                                   … Applicant
     Versus
The State of Maharashtra And Ors.           … Respondents
__________________________________________________________
Mr. D. N. Pathade, for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
__________________________________________________________

                                 CORAM : ASHWIN D. BHOBE, J.
                                  DATE : 11th August, 2026.
P.C. :


1.       Heard Mr. D. N. Pathade, learned Advocate for the

Applicant and Mr. N. B. Patil, learned APP for the Respondent –

State.



2.       By the present Application the Applicant has sought for

following substantive relief in terms of prayer clause (a):-


           (a)      This Hon’ble Court be pleased to order to release
           the Present Applicants/Accused in connection with Shiroli
           MIDC Police Station Crime Reg.No. 132/2026, on such
           terms and conditions as deemed fit and proper.




Arjun                              1
                                                                            46-BA-558-2026.doc



                     3.      Mr. D. N. Pathade, learned Advocate for the Applicant states

                     that during the pendency of this Application chargesheet came to

                     be filed. He therefore seeks leave to withdraw the present

                     Application with liberty to file a fresh Bail Application before the

                     Trial Court.



                     4.      The request made by Mr. D. N. Pathade, learned Advocate

                     for the Applicant is not opposed by Mr. N. B. Patil, learned APP for

                     the Respondent – State.



                     5.      In view of the statement made by Mr. D. N. Patil, learned

                     Advocate for the Applicant, leave is granted to withdraw the

                     present Bail Application with liberty as prayed.



                     6.      If a fresh Bail Application is filed before the Trial Court,

                     same be considered on its own merits and in accordance with law.



                     7.      Criminal Bail Application No. 558 of 2026 is disposed of as

                     withdrawn.



                                                                (ASHWIN D. BHOBE, J.)

        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                          2
        2026.08.13
        11:15:10
        +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.