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Bombay High Court

GAUTAM SUNIL DUSANEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application with liberty to file a fresh application if the trial shows no substantive progress after six months.

Summary

The applicant, Gautam Sunil Dusane, filed a bail application before the High Court of Bombay. His counsel, Pratik Kalantri, sought leave to withdraw the bail application, requesting that the court grant liberty to file a fresh application if the trial shows no substantive progress after six months. The respondent State, represented by Gauri Rao, opposed the withdrawal. The Court, after hearing both sides, considered the counsel's submission that the withdrawal would not prejudice the proceedings. Accordingly, the Court allowed the withdrawal of the bail application and granted the requested liberty to file a fresh application under the stipulated condition.

Issues considered

  • Whether the bail application may be withdrawn with liberty to file a fresh application if the trial does not progress within six months

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • high court
  • liberty to file fresh application

Judgment

                                                            18-BA-152-2025.doc


Rohit Ghuge


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                     BAIL APPLICATION NO. 152 OF 2025

Gautam Sunil Dusane                                       … Applicant/s
    Versus
The State of Maharashtra                                  … Respondent/s
_________________________________________________________________
Mr. Pratik Kalantri, Advocate for the Applicant.
Ms. Gauri Rao, APP for Respondent-State.
Ms. Jyoti Aman (PI), Panchavati Police Station, Nashik City, is present.
Mr. Sunil Pawar (PI), Panchavati Police Station, Nashik City, is present.
_________________________________________________________________

                                      CORAM       :   SHIVKUMAR DIGE, J.
                                      DATE        :   4th MARCH, 2026.
P.C. :

.             Heard learned counsel for the Applicant and learned APP.
2.            The learned counsel for the Applicant, on instructions, seeks
leave to withdraw this Application with liberty to file fresh Application, if
there is no substantive progress in the trial after six months.
3.            Considering the submission of the learned counsel for the
Applicant, the Application is allowed to be withdrawn with the aforesaid
liberty.


                                                      (SHIVKUMAR DIGE, J.)




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