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Bombay High Court

ARBAZ RAFIQUE SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal may be withdrawn and the appellant is granted liberty to file a bail application, with deemed custody status for the purpose of deciding the bail.

Summary

Arbaz Rafique Shaikh appealed against the State of Maharashtra. While the appeal was pending, the prosecution filed a chargesheet. The appellant, through counsel, sought permission to withdraw the appeal and to file a regular bail application before the trial or special court. The High Court allowed the withdrawal, directing that the appellant not be arrested if a bail application is filed within two weeks, and that he be treated as in deemed custody for the purpose of deciding the bail. The appeal was therefore disposed of as withdrawn with liberty to seek bail.

Issues considered

  • Whether an appeal pending before the High Court can be withdrawn after the prosecution has filed a chargesheet
  • Whether the appellant can be granted liberty to file a bail application and be treated as in deemed custody pending such application

Subjects

  • appeal withdrawal
  • bail
  • deemed custody
  • criminal procedure

Judgment

                                                          1               903-APEAL 306-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.306 OF 2026

                       Arbaz Rafique Shaikh                   … Appellant
                             Vs.
                       The State of Maharashtra & Anr.     … Respondents
                                                        -----
                       Mr. Harshwardhan Pawar for the Appellant.
                       Ms. Rutuja Ambekar, APP for Respondent No.1-State.
                       Mr. Shubham Paygude i/by Mr. Chaitanya Mulawkar for Respondent No.2.
                                                        -----

                                                        CORAM :     N.R. BORKAR, J.
                                                        DATE    :   30TH SEPTEMBER 2026
                       P.C. :
          Digitally
          signed by
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.09.30
          18:02:48
                       1.       Learned APP, on instructions, submits that during the pendency of
          +0530


                       the present Appeal, the prosecution has filed chargesheet.


                       2.       In that view of the matter, Learned Counsel for the Appellant seeks
                       leave to withdraw the present Appeal with liberty to file regular bail
                       application before the trial court/special court. Leave as sought is granted.


                       3.       The Criminal Appeal is disposed of as withdrawn with liberty as
                       sought.


                       4.       The Appellant shall not be arrested till the decision of the
                       application if such application is filed within a period of two weeks from
                       today.



                            Mugdha                                                               1 of 2
                                   2              903-APEAL 306-26.doc



5.       The trial court/special court shall treat the Appellant to be in a
deemed custody for the purpose of deciding the application.


                                             (N.R. BORKAR, J.)




     Mugdha                                                              2 of 2


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