Bombay High Court

AKASH ALIAS NANASAHAHEB BALU SHINDEversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and directed the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Akash Alias Nanasaheb Balu Shinde, filed a regular bail application (Criminal Bail Application No. 678 of 2026) before the Bombay High Court after a charge-sheet had been filed in Crime No. 147 of 2026. The State opposed, stating that the investigation was complete and the applicant should approach the trial court with a fresh bail application. The applicant's counsel sought permission to withdraw the present application and file a fresh one within two weeks. The Court granted leave to withdraw the bail application, directing that a fresh application be filed before the trial court and disposed of expeditiously. Consequently, the bail application was marked as withdrawn.

Issues considered

What is the appropriate procedure when a bail application is filed after a charge-sheet has been filed?
Can a bail application pending before a higher court be withdrawn and a fresh application filed before the trial court?

Subjects

bail
criminal procedure
charge-sheet
withdrawal
trial court
fresh application

Judgment

                                                                               80 - BA - 678 - 2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAIBHAV
RAMESH
                                         CIRCUIT BENCH AT KOLHAPUR
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
                                       CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.10
20:43:33 +0530




                                   CRIMINAL BAIL APPLICATION NO. 678 OF 2026

                      Akash Alias Nanasaheb Balu Shinde                 … Applicant
                                  V/s.
                      State of Maharashtra & Anr.                       … Respondents

                      Mr. Tushar Sonawane (through V.C.) for the Applicant.
                      Ms. S. N. Deshmukh, APP for the State.
                      Mr. Dhanaji Surve, Karkamb Police Station, Solapur Rural is
                      present.



                                                      CORAM       : ASHWIN D. BHOBE, J.

                                                      DATED       : SEPTEMBER 10, 2026
                      P.C.:


                      1.      This Bail Application is listed at Serial No. 80 on Daily Board. At

                      6:40 p.m., Mr. Tushar Sonawane, learned Advocate for the Applicant,

                      requested for taking up this matter out of turn. With the consent of Ms.

                      S. N. Deshmukh, learned APP, this Application is taken up out of turn.


                      2.      Heard Mr. Tushar Sonawane, learned Advocate for the Applicant,

                      and Ms. S. N. Deshmukh, learned APP for the State.


                      3.      By the present Application, the Applicant is seeking regular bail in

                      Crime No. 147 of 2026 registered with Karkambh Police Station,

                      Pandharpur.




                      VRJ                                                                             1
                                                        80 - BA - 678 - 2026.docx


4.    Ms. S. N. Deshmukh, learned APP for the State, submits that

Criminal Bail Application No. 400 of 2026 was filed by the Applicant

when the investigation was ongoing. She submits that the investigation

is now complete and that the charge-sheet is filed in Crime No. 147 of

2026 before the Court having jurisdiction. She, therefore, submits that,

in view of the said change in circumstances, the Applicant will have to

approach the Trial Court by filing a fresh Bail Application.


5.    Faced with the said objection raised by Ms. S. N. Deshmukh,

learned APP for the State, Mr. Tushar Sonawane, learned Advocate for

the Applicant, on instructions from the Applicant, seeks leave to

withdraw the present Application with liberty to file a fresh Bail

Application before the Trial Court in view of the subsequent event, that

is, the filing of the charge-sheet.


6.    Mr. Tushar Sonawane, learned Advocate for the Applicant,

submits that the Applicant shall file a fresh Bail Application before the

Trial Court within two weeks and requests for a direction to dispose of

the said Application at the earliest.


7.    In view of the statement made by Mr. Tushar Sonawane, learned

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

Bail Application with liberty as prayed.


8.    If a fresh Bail Application is filed before the Trial Court within




VRJ                                                                            2
                                                       80 - BA - 678 - 2026.docx


two weeks from today, the Trial Court is requested to dispose of the

same expeditiously on its own merits and in accordance with law and at

any rate with four (4) weeks from the first date fixed in the matter.


9.    Criminal Bail Application No. 678 of 2026 is disposed of as

withdrawn.



                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                           3

Continue reading with your account

Checking your session…