Bombay High Court

SOHEL AHMED EKHLAK AHMEDversusTHE STATE OF MAHARASHTRA

Decided: 12 June 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court permitted the withdrawal of the present bail application and directed that any fresh bail application be considered on its merits.

Summary

The applicant, Sohel Ahmed Ekhlak Ahmed, filed a bail application for C.R. No. 120 of 2024 under sections 8(c) and 22(c) of the NDPS Act. He later sought permission to withdraw this bail application and to file a fresh bail petition before the trial court, relying on a liberty previously granted by this Court in a 2025 order. The State of Maharashtra did not oppose the request. The Court, after hearing counsel, granted leave to withdraw the present bail application and allowed the applicant to file a fresh application, which must be considered on its own merits. Consequently, the present bail application was disposed of.

Issues considered

Whether the applicant may withdraw a pending bail application and file a fresh bail application before the trial court

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 22(c), 8(c)

Subjects

bail
NDPS Act
withdrawal of application
criminal procedure

Judgment

                                                                   40-BA-2192-2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
              CRIMINAL BAIL APPLICATION NO. 2192 OF 2026
Sohel Ahmed Ekhlak Ahmed                                       … Applicant
     Versus
The State Of Maharashtra                   … Respondent
__________________________________________________________
Mr. Digvijay Patil a/w Mr. Laxmikant Patil, Advocate for the
Applicant.
Ms. Shilpa Talhar, APP for the Respondent – State.
__________________________________________________________

                                    CORAM : ASHWIN D. BHOBE, J.
                                     DATE : 12th June, 2026.
P.C. :


1.       Heard. Mr. Digvijay Patil, learned Advocate for the

Applicant and Ms. Shilpa Talhar, learned APP for the Respondent-

State.



2.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause b.


         “b. That this Hon’ble Court may be pleased to release the
         present Application on Bail with respect to C.R. No. 120 of
         2024 registered with Pawarwadi Police Station, Malegaon,
         Dist. Nashik for alleged offence u/s 8 (c), 22(c) of the
         N.D.P.S. Act.”


3.       Mr. Digvijay Patil, learned Advocate for the Applicant, on


Vivekanand                                   1
                                                         40-BA-2192-2026.doc



instructions from the Applicant, seeks leave to withdraw the

present Bail Application with liberty to file a fresh Bail Application

before the Trial Court in terms of the liberty granted by this Court

by order dated 16.12.2025 passed in Bail Application No. 3040 of

2025.



4.       Ms. Shilpa Talhar, learned APP for the Respondent-State

does not oppose the request and submits that this is a proper

recourse.



5.       In view of the statement made by Mr. Digvijay Patil, learned

Advocate for the Applicant, leave is granted to withdraw the

present Bail Application with liberty as prayed.



6.       If fresh Bail Application is filed before the Trial Court, the

same be considered on its own merits and in accordance with law.



7.       Criminal Bail Application No. 2192 of 2026 is disposed of.



                                             (ASHWIN D. BHOBE, J.)




Vivekanand                             2

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