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Bombay High Court

SHAIKH ASLAM SHAIKH KHUSHALversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The High Court may allow the withdrawal of a bail application, and upon such withdrawal, the bail application stands dismissed.

Summary

The applicant, Shaikh Aslam Shaikh Khushal, filed a bail application before the Aurangabad Bench of the Bombay High Court. After hearing, the court indicated it was not inclined to grant bail. The applicant's counsel then sought leave to withdraw the bail application. The court granted the leave, resulting in the bail application being dismissed as withdrawn. The court also ordered the High Court Legal Services Sub-Committee, Aurangabad, to pay the fees of the counsel appointed for Respondent No. 2.

Issues considered

  • Whether a bail application can be withdrawn after the court has heard the arguments and expressed an inclination not to grant bail

Subjects

  • bail
  • withdrawal of application
  • high court
  • criminal procedure
  • legal services fees

Judgment

                                   -1-
                                                           ba1797.25.odt

          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                  BAIL APPLICATION NO. 1797 OF 2025

Shaikh Aslam Shaikh Khushal                       ….Applicant

VERSUS

The State of Maharashtra & another                …..Respondents

Ms. K. S. Sarin, Advocate holding for Ms. V. V. Sundale, Advocate for
Applicant.
Mrs. P. V. Diggkikar, APP for the State.
Ms. Y A. Namde, Advocate (appointed) for Respondent No. 2.

                                CORAM : SACHIN S. DESHMUKH, J.
                                DATE  : 13th JANUARY, 2026.
PER COURT :


1.       After hearing the learned Counsel for the Applicants at length,
when this Court was not inclined to consider the bail application, the
learned Counsel for the Applicants, on instructions, seeks leave to
withdraw the Application.
2.       Leave granted.
3.       Bail Application stands dismissed as withdrawn.
4.       The High Court Legal Services Sub-Committee, Aurangabad, to
pay fees of learned Counsel appointed for Respondent No. 2 as per
rules.


                                            (SACHIN S. DESHMUKH, J.)

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