Created by Fuzzy Cloud

Bombay High Court

ASIF SADAR ARABversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the pending bail application, allowing the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Asif Sadar Arab, filed Criminal Bail Application No.661 of 2026 seeking regular bail in connection with Crime No.283 of 2026. After the investigation concluded, the charge‑sheet was filed, prompting the applicant’s counsel to request withdrawal of the pending bail application and to file a fresh application before the trial court. The State’s counsel did not oppose the request, indicating that it was the proper course. The Court, after noting the counsel’s statement, granted leave to withdraw the present bail application with liberty to file a new one. The application was consequently disposed of as withdrawn, and any future bail application will be considered on its own merits.

Issues considered

  • Whether a criminal bail application pending before the High Court can be withdrawn after the charge‑sheet has been filed, and whether the applicant may file a fresh bail application before the trial court.

Subjects

  • criminal bail
  • withdrawal of application
  • charge sheet
  • trial court
  • procedural law

Judgment

                                                                         1/2
                                                                                           502-BA-661-2026(CR).DOC


                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                        CIRCUIT BENCH AT KOLHAPUR

                                                       CRIMINAL APPELLATE JURISDICTION

                                                  CRIMINAL BAIL APPLICATION NO. 661 OF 2026

                                   Asif Sadar Arab                                          ….Applicant
                                          VERSUS
                                   The State Of Maharashtra and Anr.                        ....Respondents

                                   _________________________________________________________________


                                   Ms. Rajnandini P. Katkar a/w Mr. Kunal V. Patil, for the Applicant.
                                   Mr. Nitin B. Patil, APP, for the Respondent-State.
                                   _________________________________________________________________


           Digitally signed
           by SHANTANU
SHANTANU SHANKARSA
          DHUDUM
SHANKARSA
DHUDUM    Date:
          2026.09.03
           20:32:47
           +0530
                                                       CORAM       :    ASHWIN D. BHOBE, J.
                                                       DATE        :    3rd SEPTEMBER, 2026.
                                   P.C.


                                   1.           This Bail Application is circulated pursuant to the praecipe

                                   dated 3rd September, 2026. The same is taken on record and marked as “X”

                                   for identification. In view of the request made by Ms. Rajnandini Katkar,

                                   learned Advocate for the Applicant, this Application is ordered to be placed

                                   on the “Production Board”.


                                   2.          By the present Application, the Applicant is seeking regular bail

                                   in connection with Crime No.283 of 2026, registered with Hatkanangale

                                   Police Station, District Kolhapur.




                          Shantanu S. Dhudum
                                                2/2
                                                                    502-BA-661-2026(CR).DOC


         3.          Ms. Rajnandini Katkar, learned Advocate for the Applicant states

         that the Criminal Bail Application No.150 of 2026 was filed when the

         investigation was in progress. She submits that the investigation is

         complete and charge – sheet has been filed. In view of the subsequent

         development, namely, filing of the charge-sheet, she, on instructions from

         the Applicant, seeks leave to withdraw the present Application with liberty

         to file a fresh bail Application before the Trial Court.


         4.          This request is not opposed by Mr. Nitin B. Patil, learned A.P.P. for

         the Respondent-State. He submits that it would be the proper course.


         5.          In view of the statement made by Ms. Rajnandini Katkar, learned

         Advocate for the Applicant, leave is granted to withdraw the present bail

         Application with liberty as prayed for.


         6.          If a fresh bail Application is filed before The trial Court, the same

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


         7.          Criminal Bail Application No.661 of 2026 is disposed of as

         withdrawn.




                                                        ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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.