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Bombay High Court

SHAHJADI MIRAJ SHAIKH @PAPAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the bail application, with liberty to renew the bail prayer if the trial is not completed within three months.

Summary

Shahjadi Miraj Shaikh applied for bail before the Bombay High Court. The trial was part‑heard with only two prosecution witnesses remaining, and the prosecution indicated the trial would be completed within three months. The applicant, through counsel, sought permission to withdraw the bail application, requesting liberty to re‑file if the trial exceeded the three‑month period. The Court granted leave to withdraw the application, expressly stating that the matter was not heard on its merits and that the applicant could renew the bail prayer if necessary. The application was consequently disposed of as withdrawn, and the trial court was directed to expedite the remaining witnesses and dispose of the case within the stipulated period.

Issues considered

  • What is the procedure for withdrawing a bail application with a condition to re‑apply if the trial is not completed within a specified time?

Subjects

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

Judgment

                    SA_MANDAWGAD                                                 907 BA 1911-26.DOC


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
                                     BAIL APPLICATION NO. 1911 OF 2026

                    Shahjadi Miraj Shaikh @Papa                                 … Applicant
                          V/S.
                    The State of Maharashtra                                  … Respondent


                    Mr. Kamlesh M. Satre, for the Applicant.
                    Ms. Veera Shinde, APP for Respondent–State.
                    Mr.Amit Ghogare, API, ANC Worli Unit, present.


                                                CORAM:        SHYAM C. CHANDAK, J.
                                                DATED :       17th SEPTEMBER, 2026
                    P.C. :-

                    1.    Ms. Shinde, learned APP, on instructions of Mr. Ghogare,
                    API, ANC Worli Unit, stated that the trial is part-heard and only
                    two prosecution witnesses remained to be examined. She further
                    stated that the trial will be completed within a period of three
                    months from today.
                    2.    In view thereof, learned counsel for the Applicant, on
                    instructions, seeks leave to withdraw the aforesaid Bail
                    Application with liberty to renew the prayer for bail before this
                    Court if the trial is not completed within the said period of three
                    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
                    remaining witnesses and endeavour to dispose of the case within
                    three months.


       Digitally
       signed by
                                                                   (SHYAM C. CHANDAK, J.)
       PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
       2026.09.19
       11:35:23
       +0530                                         Page 1 of 1


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