Bombay High Court
ATISH VINAYAK BHOSALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The court granted leave to withdraw the bail application and disposed of it as withdrawn.
Summary
The applicant, Atish Vinayak Bhosale, filed a criminal bail application before the Bombay High Court. The trial court had fixed the trial for 30 September 2026, with six witnesses already examined and the prosecution planning to examine ten more within nine months. The applicant's counsel sought leave to withdraw the bail application, reserving the right to file a fresh bail petition before the trial court if the trial was not concluded within the stipulated period. The court granted leave and liberty to withdraw the application, disposing of it as withdrawn without hearing it on merits. The trial court was directed to decide any future bail application on its own merits.
Issues considered
- Whether the applicant may be permitted to withdraw a pending bail application.
- Whether the court can grant liberty to re‑file a bail application before the trial court if the trial is not concluded within the specified period.
Subjects
- bail
- withdrawal of application
- criminal procedure
- trial schedule
- high court
Judgment
Digitally
signed by
WAKLE
MANOJ
MANOJ 2-BA-1501-2025.DOC
WAKLE
MANOJ JANARDHAN
JANARDHAN Date:
2026.09.29
10:01:02
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1501 OF 2025
Atish Vinayak Bhosale …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Vinod Kashid, for the Applicant.
Mr. H.J. Dedhia, APP for the Respondent-State.
Mr. Nitin Belge, PSI, Shil Daighar Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 28th SEPTEMBER, 2026
P.C. :-
1. Mr. Dedhia, the learned APP states that the case before the
trial Court is fixed on 30.09.2026. Six witnesses are already
examined. On instructions from Mr. Belge, PSI, he states that the
prosecution is going to examine additional 10 witnesses within nine
months from 30.09.2026 and conclude the trial.
2. In the backdrop, Mr. Kashid, learned Counsel for the
Applicant, on instructions, seeks leave to withdraw the aforesaid
Application, with liberty to renew the prayer for bail before the trial
Court, if the trial is not concluded in the nine months, as
aforestated.
3. Leave and liberty to withdraw is granted.
4. Application stands disposed of as withdrawn.
5. It is made clear that this Application is not heard on merits.
6. The trial Court to decide the said case and Bail Application of
the Applicant, if filed, on its own merits.
(SHYAM C. CHANDAK, J.)
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