Bombay High Court

NAMDEV ALIAS HANUMAN RAMBHAU PAWARversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is permitted to be withdrawn, with liberty to file a fresh application after six months if the trial is not concluded, and if the trial is not substantially progressed within one year.

Summary

The applicant, Namdev alias Hanuman Rambhau Pawar, filed a bail application in the Bombay High Court, Aurangabad Bench. The State argued that the trial was already underway with six witnesses examined and a seventh summoned, and that the remaining twenty-one witnesses required the trial to be completed within one year. The applicant’s counsel sought permission to withdraw the bail application and, if the trial was not concluded, to file a fresh application after six months. The Court, noting the progress of the trial, allowed the withdrawal of the present bail application. It further granted the applicant liberty to file a fresh bail application before the trial court if the trial is not substantially progressed towards conclusion within one year.

Issues considered

Whether the bail application may be withdrawn pending trial progress
Whether the applicant may be permitted to file a fresh bail application if the trial is not concluded within a stipulated period

Subjects

bail
trial delay
withdrawal of application
criminal procedure

Judgment

                                       1                  920BA1195.2026.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               920 BAIL APPLICATION NO. 1195 OF 2026

                Namdev Alias Hanuman Rambhau Pawar
                                 VERSUS
                        The State Of Maharashtra
                                     ...
Mr. Amol Ratan Gaikwad - Advocate for Applicant
Mr. V. K. Kotecha - APP for the State
                                     ...

                          CORAM :      HITEN S. VENEGAVKAR, J.

                          DATED :      04TH SEPTEMBER, 2026

PER COURT :

1.           The learned APP appearing on behalf of the State submits

that the trial has already progressed and that six witnesses have been

examined, while the seventh witness has already been summoned. In all,

there are twenty-one witnesses, and therefore, he submits that the entire

trial will have to be concluded within the outer limit of one year.


2.           The learned Advocate for the Applicant, after taking

instructions from the Applicant, submits that he may be permitted to

withdraw the present Application, with liberty to file a fresh application

after a period of six months, in the event that the trial is not concluded.


3.           Taking into consideration that the trial has already

progressed and that six witnesses have been examined, while the

seventh witness is being summoned, the present Application is permitted

to be withdrawn. In the event that the trial is not concluded within a
                                                                   2                  920BA1195.2026.odt

                             period of one (1) year, liberty is granted to the Applicant to file a fresh

                             application before the learned Trial Court, if the trial has not

                             substantially progressed towards its conclusion.




                                                                       [ HITEN S. VENEGAVKAR ]
                                                                                JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 07/09/2026 17:49:57

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