Bombay High Court

SHADUL NAZIR SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application was dismissed as withdrawn, with the trial directed to be concluded within twenty sessions and a provision to reapply for bail if the trial does not substantially proceed.

Summary

Shadul Nazir Shaikh applied for bail on the ground of prolonged incarceration, filing a successive bail application after the trial had commenced. The applicant argued that only three of the eighteen scheduled witnesses had been examined and the trial was proceeding slowly. The prosecution indicated that the remaining fifteen witnesses could be examined within twenty court sessions. The Court directed the trial court to complete the trial within twenty sessions from the date of the order, noting that any delays caused by the accused would not be counted. The bail application was dismissed as withdrawn, with the applicant permitted to file a fresh bail request if the trial does not substantially progress after the stipulated sessions.

Issues considered

What is the appropriate basis for granting bail in a successive bail application predicated on trial delay?

Subjects

bail
successive bail application
trial delay
right to speedy trial
criminal procedure

Judgment

2026:BHC-AUG:46097
                                               -1-
                                                                   939-BA-1147-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1147 OF 2026

                                  SHADUL NAZIR SHAIKH
                                         VERSUS
                               THE STATE OF MAHARASHTRA

                                              .....
              Advocate for Applicant : Mr. Satej S. Jadhav
              APP for Respondent - State : Mr. S. A. Gaikwad
                                              .....

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 30th SEPTEMBER 2026
              PER COURT :

              1.          Heard learned counsel for respective parties.


              2.          Present application is successive bail application filed

              only on the ground of long incarceration.


              3.          Learned counsel for the applicant clearly submits that

              the trial has started. However, though three witnesses are

              examined, the trial is not proceeding with a great pace.


              4.          Learned APP submits that three witnesses have been

              examined out of total eighteen witnesses and there are only fifteen

              witnesses more. He submits that the prosecution will assist the

              Trial Court and make an endeavor to conclude the trial within a

              period of twenty sessions.




              Tandale
                                 -2-
                                                     939-BA-1147-2026

5.         Learned counsel for the applicant states that the Trial

Court be directed in accordance with the statement made by the

learned Assistant Public Prosecutor.


6.         Taking into consideration that there are only eighteen

witnesses, out of which three of them are already examined,

according to me, it will be appropriate to direct the learned Trial

Court to conclude the trial within a period of twenty sessions from

today.


7.         In the light of above, the application stands dismissed

as withdrawn. After conclusion of twenty sessions, if the trial has

not substantially proceeded, the applicant is at liberty to renew his

request.


8.         The time consumed by the accused persons in not

permitting the trial to proceed, or due to some absence, will not be

taken into consideration while counting the twenty sessions.




                                       (HITEN S. VENEGAVKAR)
                                              JUDGE




Tandale

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