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Bombay High Court

MOHD. HUSSAIN AHMED MOHAMMAD FAROOQUIversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the bail application and ordered it disposed of as withdrawn without hearing it on merits.

Summary

The applicant, Mohd. Hussain Ahmed Mohammad Farooqui, filed a criminal bail application before the High Court of Bombay. He later sought leave to withdraw that application and requested liberty to file a fresh bail application before the trial court on new grounds. The learned counsel for the applicant, Mr. J. V. Tare-Patil, made the request. The Court, after considering the request, granted leave and liberty to withdraw the pending bail application. It ordered that the application stand disposed of as withdrawn and clarified that the matter was not heard on its merits. Consequently, the applicant may now approach the trial court with a new bail application.

Issues considered

  • What is the appropriate procedure for a party to withdraw a pending bail application before the High Court?

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • High Court
  • leave to withdraw

Judgment

          Digitally
          signed by
          WAKLE
WAKLE     MANOJ        MANOJ                                                904-BA-2841-2026.DOC
MANOJ     JANARDHAN
JANARDHAN Date:
          2026.08.21
          18:38:55
          +0530

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                             CRIMINAL BAIL APPLICATION NO.2841 OF 2026
                       Mohd. Hussain Ahmed Mohammad Farooqui                 …Applicant
                             V/s.
                       The State of Maharashtra                              …Respondent


                       Mr. J. V. Tare-Patil, for the Applicant.
                       Ms. Veera Shinde, APP fo the Respondent-State.


                                                 CORAM: SHYAM C. CHANDAK, J.
                                                 DATED : 21st AUGUST, 2026
                       P.C. :-

                       1.      Mr. Tare-Patil, 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 stands disposed of as withdrawn.

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



                                                        (SHYAM C. CHANDAK, J.)




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