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Bombay High Court

FARAH FAROOQ SHAHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application after one year if the trial is not concluded.

Summary

The applicant, Farah Farooq Shah, filed a criminal bail application and subsequently moved the High Court seeking permission to withdraw that application. The applicant further requested liberty to file a fresh bail application after one year if the trial remained pending. The learned counsel for the applicant, Mr. Keshav L. Damani, appeared on behalf of the applicant, while Mr. Vinod Chate represented the State of Maharashtra. The Court considered whether a bail application could be withdrawn and whether the applicant could be granted a future right to re‑apply. The Court granted leave to withdraw the bail application and expressly permitted the applicant to file a fresh bail application after a period of one year, provided the trial was not concluded. The matter was disposed of as withdrawn without any hearing on the merits.

Issues considered

  • Whether the applicant may withdraw a pending bail application
  • Whether the Court can grant liberty to re‑file a bail application after a specified period

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • liberty to reapply
  • high court

Judgment

           Digitally
           signed by
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:        H.C.SHIV                                                           919.ba1914.26.doc
           2026.08.24
           10:31:24
           +0300

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL BAIL APPLICATION NO.1914 OF 2026

                        Farah Farooq Shah                           ...Applicant
                              V/s.
                        State of Maharashtra                        ...Respondent
                                                       _____________

                        Mr. Keshav L. Damani i/b Ms. Sandhya Gaikwad for the Applicant.
                        Mr. Vinod Chate, APP for the Respondent-State.
                        Mr. Amit Ghogare, API, ANC Worli Unit, Mumbai present.
                                                       _____________

                                                             CORAM : SHYAM C. CHANDAK, J.

                                                             DATED : 20th AUGUST, 2026
                        P.C. :-

                        1.         Mr.Damani, learned Counsel for the Applicant seeks leave to
                        withdraw the Application with liberty to file fresh Bail Application after 1
                        year, if the trial is not concluded within the aforestated period.

                        2.         Leave and liberty is granted.

                        3.         Application stands disposed of as withdrawn.

                        4.         It is clarified that this Application is not heard on the merits.


                                                                           (SHYAM C. CHANDAK, J.)




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