Bombay High Court

Benjamin Anand AshadeversusThe State of Maharashtra

Decided: 27 February 2026
Disposal: Disposed off as Withdrawn
Bench: NEELA KEDAR GOKHALE

Holding

The court permitted the withdrawal of the application and disposed of it as withdrawn.

Summary

The applicant, Benjamin Anand Ashade, filed a criminal application seeking cancellation of his bail. During the hearing, counsel for the applicant requested permission to withdraw the application, citing the court's reluctance to grant relief. The bench, presided over by Justice Dr. Neela Gokhale, allowed the withdrawal, granting the applicant liberty to file a fresh application if circumstances later arise. Consequently, the application was disposed of as withdrawn. No substantive merits on bail cancellation were adjudicated.

Issues considered

Whether the High Court may permit the withdrawal of a criminal application seeking cancellation of bail at the hearing stage

Subjects

bail
criminal application
withdrawal
procedural law
High Court of Bombay

Judgment

                                                911-APPLN-59-2026.DOC




Ajit Pathrikar

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
          CRIMINAL APPLICATION NO. 59 OF 2026
Benjamin Anand Ashade                   ...Applicant
     Versus
The State Of Maharashtra And Anr.       ...Respondents

Mr. Khorajiya Juberbhai Usmanagani, for the Applicant.
Ms. Megha Bajoria, APP for the State-Respondent No.1.
Mr. Kunal Shinde, for Respondent No.2.
PSI – Pravin Kadam, Nagpada Police Station, is present.


                       CORAM           DR. NEELA GOKHALE, J.
                       DATED:          27th FEBRUARY 2026
PC:-

1.        After arguing the matter for some time, when I was not

inclined to grant relief in the present circumstances, Mr.

Khorajiya Usmanagani, learned counsel for the Applicant, on

instructions, sought permission to withdraw the present

Criminal Application seeking cancellation of bail at this stage,

with liberty to file a fresh application in case of circumstances

giving rise to a cause of action.


2.        Permission to withdraw is granted with the aforesaid

liberty.



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                           27 February 2026
                                           911-APPLN-59-2026.DOC




3.   The Criminal Application is accordingly disposed of as

withdrawn.



                                           (Dr. Neela Gokhale, J)




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                      27 February 2026

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