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Bombay High Court

NAWAZ SHAMSUDDIN PAWLEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the applicant may withdraw the bail application and is free to file a fresh application before the trial court.

Summary

Nawaz Shamsuddin Pawle filed a criminal bail application before the Bombay High Court. His counsel, Anil G. Lalla, sought leave to withdraw that application and requested liberty to file a fresh bail application before the trial court on new grounds. The respondent State, represented by S.K. Gajare, opposed the withdrawal. The Court examined whether such a withdrawal could be permitted without prejudice to the merits. It granted leave to withdraw and clarified that the fresh application, if filed, will be decided on its own merits. Consequently, the original bail application was disposed of as withdrawn.

Issues considered

  • Whether the applicant may be permitted to withdraw the bail application and file a fresh application before the trial court.

Subjects

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

Judgment

          Digitally
          signed by    MANOJ                                               903-BA-2404-2026.DOC
          WAKLE
WAKLE     MANOJ
MANOJ     JANARDHAN
JANARDHAN Date:
          2026.09.03
          19:03:17
          +0530             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL BAIL APPLICATION NO.2404 OF 2026
                       Nawaz Shamsuddin Pawle                                …Applicant
                               V/s.
                       The State of Maharashtra                              …Respondent


                       Mr. Anil G. Lalla a/w Adv. Yash S. Pulekar, for the Applicant.
                       Ms. S.K. Gajare, APP for the Respondent-State.
                       Mr. Mohan Parab, GPSI, Crime Branch (ANC), Thane, present.


                                                 CORAM: SHYAM C. CHANDAK, J.
                                                 DATED : 3rd SEPTEMBER, 2026
                       P.C. :-

                       1.      Mr. Lalla, 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. If
                       fresh Bail Application is filed before the trial Court by the Applicant,
                       it shall be decided on its own merits.



                                                       (SHYAM C. CHANDAK, J.)




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