Bombay High Court

SUMIT ALIAS OM SHAILENDRA DUREversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Sumit alias Om Shailendra Dure, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the charge-sheet was filed, prompting the applicant's counsel to seek withdrawal of the bail application and permission to file a fresh application before the trial court. The Court considered whether a bail application could be withdrawn after the filing of a charge-sheet and whether the applicant should be allowed to re‑apply before the trial court. It granted permission to withdraw the bail application, directing the applicant to file a fresh application with a copy of the charge-sheet. The Court further directed that the trial court decide any fresh application on its merits. Consequently, the bail application was dismissed as withdrawn with liberty to re‑apply.

Issues considered

Whether a bail application pending before the High Court can be withdrawn after the charge-sheet has been filed
Whether the applicant may be permitted to file a fresh bail application before the trial court

Subjects

bail
withdrawal
charge-sheet
trial court
procedural law

Judgment

2026:BHC-AUG:38137
                                                 -1-
                                                                        937-BA-932-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 932 OF 2026

                              SUMIT ALIAS OM SHAILENDRA DURE
                                           VERSUS
                                THE STATE OF MAHARASHTRA

                                               ......
              Advocate for Applicant : Mr. S. P. Tiwari h/f. Mr. Suraj R. Bagal
              APP for Respondent - State : Mr. V. K. Kotecha
                                               ..….

                                            CORAM : HITEN S. VENEGAVKAR, J.
                                            DATED : 20th AUGUST 2026
              PER COURT :

              1.           Learned Advocate appearing for applicant submits that,
              during pendency of present application, charge-sheet came to be
              filed and therefore he has instructions to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              2.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.


              3.           In case, such an application is filed, the Trial Court shall
              decide the same, on its own merits.


              4.           Bail application is dismissed as withdrawn with liberty
              as prayed.

                                                       (HITEN S. VENEGAVKAR)
                                                              JUDGE
              Tandale

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