Bombay High Court

SHRIKRUSHNA DATTATRAY CHATE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The Court granted liberty to withdraw the bail application and to file a fresh application after one year if the trial has not substantially progressed.

Summary

The applicants, Shrikrushna Dattatray Chate and another, filed a bail application before the Bombay High Court, Aurangabad Bench. The Court expressed its disinclination to grant bail. The applicants' counsel then sought to withdraw the application, requesting liberty to file a fresh bail application after one year if the trial had not substantially progressed. The Court granted this liberty, allowing withdrawal and permitting a fresh application after the stipulated period. The original bail application was dismissed as withdrawn, and the trial court was directed to consider any fresh application on its merits.

Issues considered

Whether bail should be granted to the applicants in the present circumstances
Whether the applicants may withdraw the bail application with liberty to reapply after a year if the trial has not substantially progressed

Subjects

bail
withdrawal of application
trial progress
high court
criminal procedure

Judgment

                                                              1                        935BA1604.2026.odt

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   BENCH AT AURANGABAD

                                            935 BAIL APPLICATION NO. 1604 OF 2026

                                             Shrikrushna Dattatray Chate And Another
                                                              VERSUS
                                               The State Of Maharashtra And Another
                                                                ...
                             Mr. Nitin U. Telgaonkar -, Advocate for Applicants
                             Mr. K. K. Naik - APP for the State
                             Mr. Ravindra J. Nirmal - Advocate (appointed) for Respondent No. 2
                                                                ...

                                                       CORAM :         HITEN S. VENEGAVKAR, J.
                                                       DATED :         10TH SEPTEMBER, 2026

                             PER COURT :

                             1.           Heard the learned Advocate for the Applicants.

                             2.           Upon the Court expressing its disinclination to grant bail to
                             the Applicants, the learned Advocate for the Applicants, upon
                             instructions, seeks to withdraw the Application with liberty to file a fresh
                             application after a period of one year from today, in the event that the
                             trial has not substantially progressed.

                             3.           Liberty, as prayed for, is granted.

                             4.           The Application stands dismissed as withdrawn.

                             5.           In the event that a fresh application is filed after a period of
                             one [1] year from today on the ground that there has been no
                             substantial progress in the trial, the learned Trial Court to consider the
                             application on its own merits.



                                                                        [ HITEN S. VENEGAVKAR ]
                                                                                 JUDGE

                             SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 11/09/2026 15:54:21

Continue reading with your account

Checking your session…