Bombay High Court

YASH KAMADIversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The High Court may grant leave to withdraw a pending bail application, disposing of it without adjudicating the merits.

Summary

The applicant, Yash Kamadi, filed a criminal bail application before the Bombay High Court. Subsequently, the applicant’s counsel sought leave to withdraw the bail application, citing a change in circumstances and the intention to file a fresh bail application before the Sessions Court. The Court considered whether it could grant such leave and liberty to withdraw the pending application. The Court granted the request, allowing the applicant to withdraw the bail application without hearing it on its merits. Consequently, the bail application was disposed of as withdrawn, and the matter was left for the applicant to pursue before the Sessions Court.

Issues considered

Whether the High Court may grant leave to withdraw a pending criminal bail application.

Subjects

bail
withdrawal
criminal procedure
change in circumstances
High Court

Judgment

WAKLE
MANOJ                 MANOJ                                                   2-BA-3404-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.10.06           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
09:54:43 +0530
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.3404 OF 2026
                      Yash Kamadi                                             …Applicant
                              V/s.
                      The State of Maharashtra & Anr.                         …Respondents


                      Mr. Veertej Patil a/w Mr. Adithya R. Iyer & Ms. Ananya Tambe, for
                      the Applicant.
                      Mr. T. G. Khan, APP (through VC), for the Respondent-State.
                      Mr. Mohammed Zahid Butt i/by Adv. Vaibhav Misal, for the
                      Respondent No.2.
                      PSI – A.S. Khismatrao, Shahapur Police Station, Thane (Rural),
                      present.


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

                      1.      Mr. Patil, learned Counsel for the Applicant, on instructions,
                      seeks leave to withdraw the aforesaid Application with liberty to file
                      fresh Bail Application before the Sessions Court, due to change in
                      circumstances.

                      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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