An applicant for bail can withdraw their application when circumstances change, allowing for a new application to be filed in the trial court.

CORAM : ASHWIN D.BHOBE, J.

DATE : 29TH MAY, 2025.

(VACATION COURT)

P.C. :

1. Heard Mr. Mubin Solkar, learned Advocate for Applicant, Mr. Ashok Gawai, learned APP for Respondent-State.

2. On 20^th May, 2025, this court has made following order :

“. Ms.Siddique, learned Advocate for the Applicant submits that the Applicant has been suffering from 'Panic Disorder Anxiety' and before arrest, she had made an attempt to end her life. The order dated 30th April 2025, passed by this Court noted the submissions as to the anxiety issues and therefore, the Chief Medical Officer of the hospital of the Jail, where the Applicant is presently lodged, was directed to examine the Applicant and file appropriate report to enable this Court to consider the same.

2) Learned Advocate for the Applicant submits that presently there is no change in the mental health of the Applicant. Hence, the Chief Medical Officer of the concerned Jail Hospital to submit a report within one week from today.

3) Stand over to 29th May 2025.”

3. Today learned APP has tendered letter dated 27^th May, 2025 addressed to the Registrar of this Court alongwith Prisoner’s medical report dated 24^th May, 2025(3 pages). The same are taken on record and marked “X” colly. for identification.

4 Mr. Solkar, learned Advocate for the Applicant states that investigation in the present crime is complete and the prosecution has filed charge-sheet. He states that the charge- sheet having been filed, entire material is now available on record as such he submits that the Applicant would move the trial Court seeking regular bail. He seeks leave to withdraw the present Bail Application with liberty to file bail application before the learned trial Court. The said statement is made on the basis of instructions from the Applicant.

5. In view of the change in circumstances arising out of filing of the charge-sheet, liberty as prayed for by Mr. Solkar, learned Advocate for Applicant is granted.

6. The present Bail Application No. 1960 of 2025 is dismissed as withdrawn with liberty to the Applicant to file application seeking bail before the learned trial court. In the event such application is filed, the learned Trial Court shall consider the same on its own merits and in accordance.

7. Mr. Solkar states that the Applicant may be given liberty to urge the contention in respect of medical report tendered by the learned APP marked “X” colly. before the learned trail court. The applicant is at liberty to urge all contentions as available in terms of law.

8. Mr. Solkar states that he would file vakalatnama on 30^th May, 2025. Registry to accept the same.

9. The Bail Application No. 1960 of 2025 stands dismissed as withdrawn with liberty as prayed.