Bombay High Court
SHEHBAAZ ASGAR ALI PATHANversusSTATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Disposed off as Withdrawn
Holding
The court allowed the withdrawal of the bail application and permitted the applicant to file a fresh bail application.
Summary
The applicant, Shehbaaz Asgar Ali Pathan, filed a criminal bail application after a charge-sheet was filed in Crime No.32 of 2026. He later sought to withdraw this bail application, intending to file a fresh one before the trial court. The State, represented by an Assistant Public Prosecutor, did not oppose the withdrawal. The court, noting the applicant's request and the lack of opposition, granted leave to withdraw the pending bail application and allowed the filing of a new application. The withdrawn bail application was consequently disposed of, with the court directing that any fresh application be considered on its merits.
Issues considered
- Whether a criminal bail application can be withdrawn after the filing of a charge-sheet and with liberty to file a fresh application
Subjects
- criminal bail
- withdrawal of application
- charge-sheet
- trial court
- procedural discretion
Judgment
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502-BA-639-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.639 OF 2026
Shehbaaz Asgar Ali Pathan ….Applicant
VERSUS
The State Of Maharashtra and Ors. ....Respondents
_________________________________________________________________
Mr. Advait Vajaratkar a/w Ms. Sanjana Desai i/b Desai & Associates, for
Applicant.
Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent Nos.1 and 2 - State.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
CORAM : ASHWIN D. BHOBE, J.
DHUDUM Date:
2026.09.29
18:52:56
+0530 DATE : 29th SEPTEMBER, 2026.
P.C.
1. This Application is circulated pursuant to the praecipe dated
29th September, 2026. The same is taken on record and marked as “X” for
identification.
2. Mr. Advait Vajaratkar, learned Advocate for the Applicant, states
that the Applicant had not applied to the Trial Court after filing of the
charge-sheet. He states that the charge-sheet is now filed in Crime No.32 of
2026 and therefore, on instructions from the Applicant, seeks leave to
withdraw this Bail Application with liberty to file a fresh Bail Application
Shantanu S. Dhudum
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502-BA-639-2026 (CR).DOC
before the Trial Court in view of the subsequent event, i.e. filing of the
charge-sheet.
3. This request is not opposed by Ms. Shubhangi N. Deshmukh,
learned A.P.P. for Respondent Nos.1 and 2 – State.
4. In view of the statement made by Mr. Advait Vajaratkar, learned
Advocate for the Applicant, leave is granted to withdraw the present Bail
Application with liberty as prayed for.
5. If a fresh Bail Application is filed before the Trial Court, the same
be considered on its own merits and in accordance with law.
6. Criminal Bail Application No.639 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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