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Bombay High Court

NILESH MADHUKAR AARTEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application with liberty to file a fresh application after six months if there is no progress in the trial.

Summary

The applicant, Nilesh Madhukar Aarte, has been in custody for about five years with no progress in his trial. His counsel sought to withdraw the pending bail application, requesting liberty to file a fresh bail application after six months if the trial remains stagnant. The Court considered the counsel’s submission and permitted the withdrawal of the bail application with the stipulated liberty. It also ordered that all other pending applications be disposed of and directed the trial court to expedite the trial. Additionally, the State Public Prosecutor was instructed to be present at every hearing before the trial court.

Issues considered

  • Whether a bail application may be withdrawn with liberty to file a fresh application after a specified period
  • Whether the trial court should be directed to expedite a trial that has been pending for five years

Subjects

  • bail
  • trial delay
  • withdrawal of application
  • criminal procedure
  • expediting trial

Judgment

                                                                                            2-BA-3149-2025.doc



                              N.S.Kamble


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL BAIL APPLICATION NO. 3149 OF 2025

                              Nilesh Madhukar Aarte                                    … Applicant
                                       Versus
                              The State of Maharashtra                                 … Respondent
           Digitally signed   ________________________________________________________
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.02.16
        12:41:25 +0530        Mr.Shailesh Kahrat, for the Applicant.
                              Ms.R.D. Humane, APP for Respondent-State.
                              Mr.Aniket Nikam, for the Intervenor.
                              Mr.Digambar Sontakke, PSI, Lonikalbhor Police Station.
                              ________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.
                                                               DATE           : 12th FEBRUARY 2026

                              P.C. :

                              .            Heard learned counsel for the Applicant, learned APP and

                              learned counsel for the Intervenor.

                              2.           The learned counsel for the Applicant submit that, the

                              Applicant is behind bars around five years. There is no progress in the

                              trial.

                              3.           The learned counsel for the Applicant, on instructions, seeks

                              leave to withdraw this Application with liberty to file fresh bail



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                                                                2-BA-3149-2025.doc



N.S.Kamble


Application after six months, if there is no progress in the trial.

3.           Considering the submission of the learned counsel for the

Applicant, the Application is allowed to be withdrawn with the

aforesaid liberty.

4.           All pending Applications are disposed of.

5.           The Trial Court is requested to expedite the trial as the

Applicant is behind bars around five years.

6.           The concerned SPP shall remain present on every date before

the Trial Court.

                                                (SHIVKUMAR DIGE, J.)




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