Bombay High Court
NILESH MADHUKAR AARTEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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- Whether a bail application may be withdrawn with liberty to file a fresh application after a specified period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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