Bombay High Court

ABDUL ALMAS ALIAS BABLU ABDUL GAFFURversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn.

Summary

The applicant, Abdul Almas, filed a successive bail application after an earlier bail request was withdrawn by the court. He argued that the trial had progressed, with four eye‑witnesses and a doctor already examined, and that the eye‑witnesses had turned hostile, constituting a change in circumstances warranting bail. The State contended that only five of sixteen witnesses had been examined and that the trial would conclude within eight months, so no change existed. The applicant then sought permission to withdraw the bail application and asked the trial court to expedite the trial within six months. The court granted permission to withdraw, directed the trial court to aim for an eight‑month completion, and dismissed the bail application as withdrawn.

Issues considered

Whether the change in witness testimony constitutes a change in circumstances justifying bail
Whether a successive bail application can be entertained after the court expressed disinclination
Whether the applicant may withdraw the bail application and the court may dismiss it as withdrawn

Subjects

bail
successive bail application
withdrawal of application
change in circumstances
hostile witnesses
trial progress

Judgment

2026:BHC-AUG:41723
                                              -1-
                                                                 941-BA-1622-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1622 OF 2026

                        ABDUL ALMAS ALIAS BABLU ABDUL GAFFUR
                                       VERSUS
                             THE STATE OF MAHARASHTRA

                                              .....
              Advocate for Applicant : Mr. Avinash D. Hande
              APP for Respondent - State : Mr. K. K. Naik
                                              .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 9th SEPTEMBER 2026
              PER COURT :

              1.         Heard the learned Advocate for the applicant and the

              learned APP for the respondent - State.


              2.         The present application is successive bail application

              and the earlier bail application has been allowed to be withdrawn

              by this Court after expressing disinclination to grant bail to the

              present applicant. The learned Advocate for the applicant submits

              that the trial has proceeded and four eye-witnesses have already

              been deposed and even the doctor has been deposed before the

              Trial Court. According to the learned Advocate for the applicant,

              the eye-witnesses have turned hostile and they have not supported

              the case of prosecution. The learned Advocate submits that this be

              treated as change in circumstance and considering the period

              undergone, the applicant be released on bail.
                                -2-
                                                    941-BA-1622-2026



3.         The learned APP submits that the trial has already

proceeded and five witnesses out of sixteen witnesses have already

been examined. The trial will be concluded within a period of eight

months from today and hence he submits that the application may

not be entertained as there is no change in circumstance.


4.         When this Court showed disinclination, the learned

Advocate for applicant, on instructions, submits that he be

permitted to withdraw the application and direct the Trial Court to

conclude the trial within a period of six months from today.


5.         Permission to withdraw is granted. In light of five

witnesses already examined, the learned Trial Court will make

every endeavour to conclude the trial within a period of eight

months from the date of this order.


6.         In light of the above, the bail application stands

dismissed as withdrawn.


                                      (HITEN S. VENEGAVKAR)
                                             JUDGE




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