Bombay High Court

MOHAMMED JAKIR HUSSAIN SHAIKHversusSTATE OF MAHARASHTRA

Decided: 12 June 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The bail application was disposed of as withdrawn, without being heard on its merits.

Summary

The applicant, Mohammed Jakir Hussain Shaikh, has been in jail for two years on alleged charges under Section 307 of the Indian Penal Code. He filed a criminal bail application, but his counsel sought to withdraw the application, requesting liberty to re‑file after fifteen months if the trial is not concluded within that period. The prosecution indicated it would examine up to six witnesses within fifteen months, noting the trial court’s heavy docket. The High Court accepted the withdrawal, ordering the application to stand disposed as withdrawn and clarifying that it was not heard on its merits. No substantive bail question was decided.

Issues considered

Whether a bail application may be withdrawn with liberty to re‑apply if the trial is not concluded within a stipulated period.

Legislation cited

Indian Penal Code, 1860 — s. 307

Subjects

bail
Section 307 IPC
trial delay
withdrawal of application
criminal procedure

Judgment

WAKLE
MANOJ
JANARDHAN             Manoj                                                    5-BA-1283-2025.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.06.12
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:59:19 +0530
                                   CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL BAIL APPLICATION NO.1283 OF 2025

                      Mohammed Jakir Hussain Shaikh                      ...Applicant
                            V/s.
                      The State of Maharashtra                           ...Respondent

                      Ms. Akshata Desai a/w Adv. Sahir Patel i/by Adv. Nitin Sejpal, for the
                      Applicant.
                      Mr. S.V. Walve, APP for the Respondent-State.
                      PSI – Nandkishor R. Patil, APMC Police Station, Navi Mumbai, present.

                                                      CORAM : SHYAM C. CHANDAK, J.
                                                      DATED : 12th JUNE, 2026
                      P.C. :-

                      .            Considering the accused is in jail for last two years for the
                      alleged offence of Section 307 IPC etc.

                      2)           Mr. Walve, learned APP, on instructions, submits that in this
                      case the prosecution will examine maximum six witnesses within 15
                      months from today and conclude the trial. But, the trial Court is also
                      dealing with other under trial cases.

                      3)           Therefore, the learned Counsel for the Applicant, on
                      instructions, seeks leave to withdraw the aforesaid Application with liberty
                      to renew the prayer for bail after 15 months, if the trial is not concluded
                      within the said period.

                      4)           Application stands disposed of as withdrawn with aforesaid
                      liberty.

                      5)           It is made clear that this Application is not heard on merits.



                                                                (SHYAM C. CHANDAK, J.)

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