Bombay High Court

BHIMRAO SURESH BHANDWALKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Leave is granted to withdraw the bail application with liberty to file a fresh application before the trial court.

Summary

The applicant, Bhimrao Suresh Bhandwalkar, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the charge-sheet in the underlying criminal case was filed. The applicant's counsel sought leave to withdraw the bail application, requesting liberty to file a fresh application before the trial court. The court considered whether such withdrawal could be permitted after the charge-sheet was filed. The judge granted the leave, allowing the withdrawal and permitting a fresh application. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the bail application may be withdrawn after the filing of the charge-sheet and a fresh application be permitted before the trial court

Subjects

bail
withdrawal of application
charge-sheet
criminal procedure
high court

Judgment

2026:BHC-AUG:21955
                                                 1


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD.

                                  BAIL APPLICATION NO.739 OF 2026

               Bhimrao Suresh Bhandwalkar                               .. Applicant
                     Versus
               The State of Maharashtra                                 .. Respondent
                                                  .....
                         Shri. Shrikant G. Kawade, Advocate for the Applicant
                                Shri. Vivek M. Lomte, APP for the State.
                                                  .....
                                        CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                                     (Vacation Court)

                                        DATED :      20th MAY, 2026

               PER COURT : -

               .     The learned Advocate for the Applicant seeks leave to withdraw
               the Application on the ground that during the pendency of the
               application the charge-sheet has been filed. Therefore, he wants to
               withdraw the present application with liberty to file a fresh application
               before the learned Trial Court.


               2.    Leave is granted. The application is disposed of as withdrawn with
               liberty as prayed for.



                                                     [SIDDHESHWAR S. THOMBRE]
                                                              JUDGE

               GGP

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