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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Disposed off as Withdrawn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 The withdrawn bail application was consequently disposed of, with the court directing that any fresh application be considered on its merits.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  • Whether a criminal bail application can be withdrawn after the filing of a charge-sheet and with liberty to file a fresh application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

                                                                       1/2
                                                                                        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
                                                2/2
                                                                   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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