Bombay High Court

SHAHABAJ HABIB SAYYADversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The appeal is dismissed as withdrawn, with liberty granted to the appellant to prefer a bail application before the Sessions Court.

Summary

Shahabaj Habib Sayyad filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the pendency of the appeal, the charge-sheet was filed against him. The appellant's counsel sought permission to withdraw the appeal and to be allowed to file a regular bail application before the Sessions Court. The Court considered the request and allowed the withdrawal of the appeal, granting the appellant liberty to seek bail. Consequently, the appeal was dismissed as withdrawn with liberty as prayed.

Issues considered

Whether a criminal appeal can be withdrawn after the charge-sheet has been filed
Whether the appellant may be granted liberty to file a bail application before the Sessions Court after withdrawing the appeal

Subjects

criminal appeal
withdrawal of appeal
bail
procedural law

Judgment

2026:BHC-AUG:41780




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  CRIMINAL APPEAL NO. 605 OF 2026

                                    SHAHABAJ HABIB SAYYAD
                                           VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER

           Mr. Rohit P. Patwardhan h/f Mr. S. S. Jadhav, Advocate for Appellant
           Mr. N. R. Dayama, APP for Respondent/State
           Mr. R. B. Dive, Advocate for Respondent No.2

                                                      CORAM : R. M. JOSHI, J.
                                                      DATED    : 9th SEPTEMBER, 2026

           PER COURT :-

           1.    Not on board. Upon mentioning taken on board.

           2.    The learned Advocate for the appellant submitted that, during the

           pendency of the appeal, the charge-sheet has been filed. He, therefore, seeks

           permission to withdraw the appeal with liberty to prefer an application for

           regular bail before the Sessions Court.

           3.    In view of this, appeal is dismissed as withdrawn with liberty as prayed.




                                                                ( R. M. JOSHI, J.)
           ssp




           criapeal605.2026.odt                                                      1 of 1

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