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Bombay High Court

SAMAR BAHADUR SINGHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that it may grant leave to withdraw a bail application and allow the applicant to file a fresh application before the trial court.

Summary

The applicant, Mr. Samar Bahadur Singh, filed a criminal bail application before the High Court of Bombay. He later sought leave to withdraw that application and requested liberty to file a fresh bail application before the trial court on new grounds. The learned counsel, Mr. Mushtaq Shaikh, appeared on behalf of the applicant, while Mr. R.M. Pethe represented the State of Maharashtra. The Court, after considering the request, granted leave and liberty to withdraw the bail application. Consequently, the application was disposed of as withdrawn without being heard on its merits.

Issues considered

  • Whether the High Court may grant leave to withdraw a pending bail application and permit the applicant to file a fresh application before the trial court.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • high court
  • application

Judgment

          Digitally
          signed by
          WAKLE        MANOJ                                                    902-BA-2155-2026.DOC
WAKLE     MANOJ
MANOJ     JANARDHAN
JANARDHAN Date:
          2026.09.09
          18:00:11
          +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL BAIL APPLICATION NO.2155 OF 2026
                       Mr. Samar Bahadur Singh                                      …Applicant
                               V/s.
                       The State of Maharashtra                                     …Respondent


                       Mr. Mushtaq Shaikh i/by Mr. Vinod Y. Mishra, for the Applicant.
                       Mr. R.M. Pethe, APP for the Respondent-State.


                                                  CORAM: SHYAM C. CHANDAK, J.
                                                  DATED : 9th SEPTEMBER, 2026
                       P.C. :-

                       1.      Mr.    Shaikh,   learned     Counsel     for   the    Applicant,   on
                       instructions, seeks leave to withdraw the aforesaid Application with
                       liberty to file fresh Bail Application before the trial Court, on new
                       grounds.

                       2.      Leave and liberty to withdraw is granted.

                       3.      Application sands disposed of as withdrawn.

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



                                                          (SHYAM C. CHANDAK, J.)




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