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Bombay High Court

GANESH SHAKTIVEL NADARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the bail application, disposing of it without hearing on merits.

Summary

The applicant, Ganesh Shaktivel Nadar, filed a criminal bail application before the Bombay High Court. Counsel for the applicant subsequently sought leave to withdraw the bail application, citing that the trial had already commenced. The Court considered the request and granted leave to withdraw the application. It clarified that the bail application was not heard on its merits. Consequently, the application was disposed of as withdrawn, and the trial court was directed to decide the substantive criminal case on its own merits.

Issues considered

  • Whether the Court may grant leave to withdraw a criminal bail application after the trial has commenced

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • high court
  • trial commencement

Judgment

WAKLE
MANOJ                 MANOJ                                                  13-BA-2270-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.07
18:58:40 +0530                  CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.2270 OF 2026
                      Ganesh Shaktivel Nadar                                …Applicant
                              V/s.
                      The State of Maharashtra & Anr.                       …Respondents


                      Mr. Santos S. Madkami i/by Adv. B. J. Shaikh, for the Applicant.
                      Mr. R.M. Pethe, APP for the Respondent No.1-State.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 7th SEPTEMBER, 2026
                      P.C. :-

                      1.      Mr. Madkami, learned Counsel for the Applicant, on
                      instructions, seeks leave to withdraw the aforesaid Application, as
                      the trial has commenced.

                      2.      Leave to withdraw is granted.

                      3.      Application stands disposed of as withdrawn.

                      4.      It is clarified that this Application is not heard on merits. The
                      trial Court shall decide the said case on its own merits.



                                                       (SHYAM C. CHANDAK, J.)




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