Bombay High Court

KAIF MANSUR SHAIKHversusSTATE OF MAHARASHTRA

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The court held that the applicant may withdraw the bail application and is granted liberty to file a fresh application.

Summary

The applicant, Mr. Kaif Mansur Shaikh, filed a criminal bail application on medical grounds before the High Court of Bombay. Subsequently, he instructed his counsel, Mr. Divyesh K. Jain, to seek leave to withdraw the bail application and to obtain liberty to file a fresh application on the merits. The sole issue before the court was whether the applicant could be permitted to withdraw the pending bail application. The court, after considering the request, granted leave and liberty to withdraw the application. It ordered that the application stand disposed of as withdrawn and clarified that the matter would not be heard on its merits. No substantive discussion on bail merits was undertaken.

Issues considered

Whether the applicant is entitled to withdraw a pending criminal bail application and obtain liberty to file a fresh application.

Subjects

criminal bail
withdrawal of application
high court
procedural liberty

Judgment

WAKLE
MANOJ                 MANOJ                                                  53-BA-3228-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.10.06           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
09:54:42 +0530
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.3228 OF 2026
                      Mr. Kaif Mansur Shaikh                                  …Applicant
                              V/s.
                      The State of Maharashtra                                …Respondent


                      Mr. Divyesh K. Jain a/w Adv. A. Shaikh, for the Applicant.
                      Mr. V. A. Kulkarni, APP for the Respondent-State.


                                                 CORAM: SHYAM C. CHANDAK, J.
                                                 DATED : 5th OCTOBER, 2026
                      P.C. :-

                      1.      Mr. Jain, learned Counsel for the Applicant, on instructions,
                      seeks leave to withdraw the aforesaid Application, which was filed
                      on medical grounds, with liberty to file fresh Application seeking
                      bail on merits.

                      2.      Leave and liberty to withdraw is granted.

                      3.      Application stands disposed of as withdrawn.

                      4.      It is clarified that this Application is not heard on merits.



                                                       (SHYAM C. CHANDAK, J.)




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