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Bombay High Court

BAIJNATH RAMLAKHAN YADAV @ PINTUversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court may grant leave to withdraw a bail application, and upon such grant the application is disposed of without being heard on its merits.

Summary

The applicant, Baijnath Ramlakhan Yadav, filed a bail application before the High Court of Bombay. He subsequently sought leave to withdraw that application and requested liberty to file a fresh bail application before the Sessions Court. The learned judge granted the leave and liberty, clarifying that the present bail application would not be heard on its merits. The court further directed that any new bail application filed before the Sessions Court would be decided on its own merits. Consequently, the bail application before the High Court was disposed of as withdrawn. No substantive discussion on the merits of bail was undertaken.

Issues considered

  • Whether the High Court may grant leave to withdraw a bail application filed before it
  • What is the effect of granting such leave on the pending bail application

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • High Court
  • Sessions Court

Judgment

                                     PRASAD                                              914_BA_2168_2026.DOC


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION
                                                  BAIL APPLICATION NO.2168 OF 2026

                                     Baijnath Ramlakhan Yadav @ Pintu                      …. Applicant
                                           V/s.
                                     State of Maharashtra                                  … Respondent


                                     Mr. Padmasinh P. Patil i/by Harshawardhan M. Pawar, for the
                                           Applicant.
                                     Ms. Anagha Deshmukh, APP for the Respondent – State.
                                     Mr. Dinesh Shelar, API, Unit – II, Crime Branch, Mumbai,
                                           present.


                                                                CORAM: SHYAM C. CHANDAK, J.
                                                                DATED : 22ND JULY 2026
                                     P.C.:-

                                     .        Mr. Patil, learned Counsel for the Applicant, on instructions,
                                     seeks leave to withdraw the present Bail Application with liberty to
                                     file a fresh Bail Application before the Sessions Court.

                                     2.       Leave and liberty is granted.

                                     3.       It is clarified that the present Bail Application is not heard
                                     on merits.

                                     4.       If the Applicant files Bail Application before the Sessions
                                     Court, it shall be decided on its own merits.

                                     5.       Bail Application stands disposed of as withdrawn.



                                                                      (SHYAM C. CHANDAK, J.)

               Digitally signed by
               PRASAD
PRASAD         RAJENDRASING
RAJENDRASING   RAJPUT
RAJPUT         Date: 2026.07.23
               15:44:31 +0530


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