Bombay High Court

SURESH SAYAPPA SARGARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The court granted leave to withdraw the bail application.

Summary

The applicant, Suresh Sayappa Sargar, had filed Criminal Bail Application No. 387 of 2026 while the investigation was ongoing. After the investigation concluded and a charge-sheet (Crime No. 261 of 2026) was filed, the applicant sought to withdraw the pending bail application (No. 712 of 2026) and file a fresh one. The applicant's counsel, Mr. A. V. Shah, made the request, which was not opposed by the State's counsel, Mr. C. D. Mali. The Court, after hearing the counsel, granted leave to withdraw the application. Consequently, Bail Application No. 712 of 2026 was disposed of as withdrawn, with a direction that any fresh bail application be considered on its own merits.

Issues considered

Whether the bail application pending before the trial court can be withdrawn after the filing of the charge-sheet?

Subjects

Criminal Bail
Withdrawal of Application
Charge Sheet
Trial Court
Bail Procedure

Judgment

                                                                                  501-712-2026.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
20:43:35 +0530




                                   CRIMINAL BAIL APPLICATION NO. 712 OF 2026

                      Suresh Sayappa Sargar                           … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                 … Respondents

                      Mr. A. V. Shah, for the Applicant.
                      Mr. C. D. Mali, APP for the State.

                                                     CORAM       : ASHWIN D. BHOBE, J.

                                                     DATED       : SEPTEMBER 10, 2026
                      P.C.:


                      1.      This Application is circulated pursuant to the praecipe dated 10th

                      September 2026. The same is taken on record and marked ‘X’ for

                      identification. In view of the urgency expressed by Mr. A. V. Shah,

                      learned Advocate for the Applicant, this Application was ordered to be

                      listed on the Production Board.


                      2.      Heard Mr. A. V. Shah, learned Advocate for the Applicant. He

                      states that Criminal Bail Application No. 387 of 2026 filed by the

                      Applicant before the Trial Court was during the period when the

                      investigation was ongoing. He submits that the investigation in Crime

                      No. 261 of 2026 is now complete and the charge-sheet has been filed.

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

                      withdraw the present Application with liberty to file a fresh Bail




                      VRJ                                                                        1
                                                             501-712-2026.docx


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

is, the filing of the charge-sheet. This request is not opposed by Mr. C.

D. Mali, learned APP.


3.    In view of the statement made by Mr. A. V. Shah, learned

Advocate for the Applicant, leave is granted to withdraw this

Application.


4.    Bail Application No. 712 of 2026 is disposed of as withdrawn.


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.




                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                         2

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