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Bombay High Court

KIRAN DHARMENDRA SONIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

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

Summary

The applicant, Kiran Dharmendra Soni, filed a criminal bail application before the High Court of Bombay. Subsequently, the applicant's counsel, Mr. Jaikumar Vohra, sought leave to withdraw the bail application, citing a change in circumstances and requesting liberty to file a fresh bail application before the trial court. The Court considered whether it could grant such leave and liberty to withdraw. The Court granted the request, allowing the applicant to withdraw the pending bail application. Consequently, the bail application was disposed of as withdrawn and was not heard on its merits.

Issues considered

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

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • leave of court

Judgment

          Digitally
          signed by
          WAKLE        MANOJ                                                 903-BA-2509-2026.DOC
WAKLE     MANOJ
MANOJ     JANARDHAN
JANARDHAN Date:
          2026.09.09
          18:00:10
          +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL BAIL APPLICATION NO.2509 OF 2026
                       Kiran Dharmendra Soni                                      …Applicant
                               V/s.
                       The State of Maharashtra                                   …Respondent


                       Mr. Jaikumar Vohra, for the Applicant.
                       Mr. H. J. Dedhia, APP for the Respondent-State.
                       PSI – N. Deshmukh, Nalasopara Police Station, present.


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

                       1.      Mr. Vohara, 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, in view of
                       change in circumstances.

                       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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