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Bombay High Court

ISMAIL MATLUF KURESHIversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the bail application was granted and the application was disposed of as withdrawn without being heard on its merits.

Summary

The High Court of Bombay heard a bail application filed by Ismail Matluf Kureshi. Counsel for the applicant sought leave to withdraw the bail application and to file a fresh one before the trial court due to a change in circumstances. The court considered whether such withdrawal could be permitted. It granted leave and liberty to withdraw and file a fresh application. The matter was disposed of as withdrawn without any merits being examined. The order underscores the court’s discretion to allow withdrawal of bail applications when circumstances change.

Issues considered

  • Whether the court may grant leave to withdraw a criminal bail application on account of changed circumstances

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • change in circumstances
  • court discretion

Judgment

           Digitally
           signed by
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:        H.C.SHIV                                                         908.ba2698.26.doc
           2026.08.06
           19:19:59
           +0300

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL BAIL APPLICATION NO.2698 OF 2026

                        Ismail Matluf Kureshi                      ...Applicant
                              V/s.
                        State of Maharashtra                       ...Respondent
                                                      _____________

                        Mr. Anush Pereira with Ashwini Achari, Aryan Kotwal i/b Taraq Sayed for
                        the Applicant.
                        Mr. V. A. Kulkarni, APP for the Respondent-State.
                                                      _____________

                                                            CORAM : SHYAM C. CHANDAK, J.

                                                            DATED : 6th AUGUST, 2026
                        P.C. :-

                        1.         Mr.Pereira, learned Counsel for the Applicant, on instructions, seeks
                        leave to withdraw this Application with liberty to file fresh Bail Application
                        before the trial Court in view of the change in circumstances.

                        2.         Leave and liberty granted.

                        3.         Application is disposed of as withdrawn.

                        4.         It is made clear that this Application is not heard on the merits.



                                                                          (SHYAM C. CHANDAK, J.)




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