Bombay High Court

AKASH ALIAS AKYA DINKAR SAUDAGARversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to re‑file after eight months if the trial shows no substantial progress.

Summary

The applicant, Akash Alias Akya Dinkar Saudagar, filed a bail application before the Bombay High Court, Aurangabad Bench. The Court, on 15 September 2026, recorded its disinclination to grant bail and adjourned the matter to allow the applicant's counsel to take instructions. On 21 September 2026, the applicant's counsel informed the Court that the applicant wishes to withdraw the bail application and seeks liberty to file a fresh application after a specified period if the trial does not progress substantially. The Court granted the request for withdrawal and permitted the applicant to file a fresh bail application after eight months from the date of the order, provided there is no substantial progress in the trial. Consequently, the bail application was disposed of as withdrawn.

Issues considered

The Court's authority to allow withdrawal of a bail application pending before it
The permissibility of granting liberty to re‑file a bail application after a specified period

Subjects

bail
withdrawal
criminal procedure
trial delay
high court

Judgment

2026:BHC-AUG:43265
                                                                          01ba1138-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                            1 BAIL APPLICATION NO. 1138 OF 2026

                               Akash Alias Akya Dinkar Saudagar
                                            VERSUS
                                   The State Of Maharashtra
                                              ...
            Ms. Zaware Suvarna M., Advocate for Applicant
            Mr. S. D. Ghayal, APP for Respondents


                                    CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 21st September, 2026
            PER COURT :-

            1.       By order dated 15.09.2026, this Court had recorded
            disinclination to allow the present application and adjourned the
            matter for taking instructions on the request of the learned Advocate of
            the Applicant today.     Today, the learned Advocate for the applicant
            submits that she has instructions to withdraw the application.        She
            prays that liberty may be granted to file fresh application after a period
            of six months, in case the trial does not substantially proceed.

            2.       Request for withdrawal is granted with liberty to file fresh
            application after a period of eight (8) months from today, in case there
            is no substantial progress in the trial.

            3.       The Bail Application stands disposed of as withdrawn.



                                                        (HITEN S. VENEGAVKAR, J.)
 JPChavan




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