Bombay High Court

MAKHDOOM AQUEEL @ KABIRversusSTATE OF MAHARASHTRA

Decided: 28 May 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

Leave to withdraw the bail application was granted, with liberty to re‑file before the trial court.

Summary

The applicant, Makhdoom Aqueel @ Kabir, filed a criminal bail application before the Bombay High Court. The applicant, through counsel, sought leave to withdraw the bail application and requested liberty to re‑file it before the trial court. The respondent, the State of Maharashtra, opposed the withdrawal. The Court examined whether the applicant could be permitted to withdraw the bail application at this stage. It granted leave to withdraw the application, emphasizing the procedural liberty to approach the trial court afresh. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the applicant is entitled to leave to withdraw a criminal bail application pending before the High Court
Whether the Court can grant liberty to re‑file the bail application before the trial court

Subjects

bail
criminal procedure
withdrawal of application
High Court
procedural liberty

Judgment

WAKLE
MANOJ
JANARDHAN
                      Manoj                                                           1-BA-1475-2026.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.05.28
19:11:01 +0530
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL BAIL APPLICATION NO.1475 OF 2026


                      Mr. Makhdoom Aqueel @ Kabir                             …. Applicant
                            Vs.
                      The State of Maharashtra                                …. Respondent


                      Adv. Snigdha Khandelwal (through VC) a/w Adv. Ali Kaashif Khan
                      Deshmukh, for the Applicant.
                      Mr. S. R. Agarkar, APP for the Respondent-State.


                                          CORAM : SHYAM C. CHANDAK, J.
                                          DATED : 28th MAY, 2026
                                                  (VACATION COURT)

                      P.C. :-

                      .             Learned Counsel for the Applicant, on instructions, seeks leave

                      to withdraw aforesaid Bail Application with liberty to file Bail

                      Application before the trial Court.

                      2)            Leave to withdraw is granted.

                      3)            Application stands disposed of as withdrawn with aforesaid

                      liberty.



                                                              (SHYAM C. CHANDAK, J.)




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