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- Disposed off as Withdrawn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 The application was consequently disposed of as withdrawn, and any future bail application will be considered on its own merits.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- Whether a criminal bail application pending before the High Court can be withdrawn after the charge‑sheet has been filed, and whether the applicant may file a fresh bail application before the trial court.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
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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
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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
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