Bombay High Court

VIVEK BHILA NAIKversusTHE STATE OF MAHARASHTRA

Decided: 24 August 2026
Disposal: Disposed Off

Holding

The Court granted leave to withdraw the bail application and ordered it disposed of as withdrawn.

Summary

Vivek Bhila Naik filed a criminal bail application before the High Court of Bombay. His counsel, Mr. Sumit Patil, sought leave to withdraw the application and requested liberty to file a fresh bail application before the trial court, citing a change in circumstances. The Court considered whether such leave could be granted and whether the application could be withdrawn without prejudice. The Court granted the leave and liberty sought, ordering that the bail application stand disposed of as withdrawn. It further clarified that the matter was not heard on its merits.

Issues considered

Whether the High Court may grant leave to withdraw a criminal bail application.
Whether the applicant can be given liberty to file a fresh bail application before the trial court.

Subjects

bail
withdrawal of application
criminal procedure
leave to withdraw
trial court

Judgment

HEMANT
CHANDERSEN
SHIV
Digitally signed by   H.C.SHIV                                                           35.ba101.26.doc
HEMANT
CHANDERSEN SHIV
Date: 2026.08.24
18:46:24 +0300                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL BAIL APPLICATION NO.101 OF 2026

                      Vivek Bhila Naik                            ...Applicant
                            V/s.
                      The State of Maharashtra                    ...Respondent
                                                     _____________

                      Mr. Sumit Patil i/b Mr. Amit Icham for the Applicant.
                      Ms. Veera Shinde, APP for the Respondent-State.
                                                     _____________

                                                           CORAM : SHYAM C. CHANDAK, J.

                                                           DATED : 24th AUGUST, 2026
                      P.C. :-

                      1.         Mr.Patil, learned Counsel for the Applicant, on instructions, seeks
                      leave to withdraw this Application with liberty to file fresh Bail Application
                      before the trial Court in view of the change in circumstances.

                      2.         Leave and liberty is granted.

                      3.         Application stands disposed of as withdrawn.

                      4.         It is clarified that this Application is not heard on the merits.



                                                                         (SHYAM C. CHANDAK, J.)




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