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Bombay High Court

CHARLES NJOKU SAMUELversusTHE STATE OF MAHRAHSTRA

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the bail application was granted with liberty to file a fresh application if the trial exceeds nine months.

Summary

The applicant, Charles Njoku Samuel, filed a bail application in the Bombay High Court. The prosecution indicated that the trial would involve six to seven witnesses and be completed within nine months. The applicant's counsel sought permission to withdraw the bail application, requesting liberty to file a fresh application if the trial exceeded the nine‑month period. The Court granted leave to withdraw the application with the stipulated liberty and disposed of the application as withdrawn, noting that it was not heard on merits. The Court also directed the trial court to expedite the trial and aim to conclude it within nine months.

Issues considered

  • Whether a bail application may be withdrawn with liberty to re‑file if the trial is not concluded within a specified period

Subjects

  • bail
  • withdrawal
  • trial timeline
  • criminal procedure
  • High Court

Judgment

                    P.H. JAYANI                                                907 BA1822.2025.DOC


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     BAIL APPLICATION NO. 1822 OF 2025

                    Charles Njoku Samuel                                        …. Applicant
                          V/s.
                    The State of Maharashtra                                  …Respondent


                    Mr. Khushal Parmar for the Applicant.
                    Mr. Vinit Kulkarni, APP for the Respondent – State.
                    Mr. Avinash Darade, PSI, ANC Kandivali Unit, Mumbai, present.


                                                CORAM:        SHYAM C. CHANDAK, J.
                                                DATED :       16th SEPTEMBER, 2026

                    P.C. :-

                    1.    Mr. Kulkarni, the learned APP, on instructions, states that
                    in this case, the prosecution will examine 6 to 7 witnesses and
                    complete the trial within nine months.

                    2.    In view thereof, Mr. Parmar, the learned Counsel for the
                    Applicant, on instructions, seeks leave to withdraw the aforesaid
                    Application with liberty to file a fresh bail application before this
                    Court if the trial is not concluded within the said period of nine
                    months.

                    3.        Leave to withdraw is granted, with aforesaid liberty.

                    4.        Application stands disposed of as withdrawn.

                    5.        It is made clear that this Application is not heard on merits.

                    6.    The trial Court is requested to expedite the hearing of the
                    case and endeavour to dispose of the same within nine months.



       Digitally                                       (SHYAM C. CHANDAK, J.)
       signed by
       PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
       2026.09.19
       14:46:47
       +0530                                         Page 1 of 1


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