Bombay High Court
DAWOOD AYYUB SHAIKH @ DAUD CHIKNAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Leave to withdraw the bail application was granted, and the application was disposed of as withdrawn.
Summary
The applicant, Dawood Ayyub Shaikh, filed a criminal bail application before the High Court on medical grounds because the trial court was vacant. The trial court has since become functional, and the applicant’s counsel sought permission to withdraw the bail application and re‑file it before the trial court on the same medical ground. The Court granted leave to withdraw the application, stating that the matter was not heard on its merits. Consequently, the bail application was disposed of as withdrawn. The judgment clarifies that any subsequent bail application filed in the trial court will be decided on its merits.
Issues considered
- What procedural steps are required to withdraw a bail application filed in the High Court?
- Whether the bail application can be re‑filed before the trial court on the same medical ground after withdrawal.
Subjects
- bail
- medical grounds
- withdrawal
- procedural law
- criminal appellate jurisdiction
Judgment
Digitally
signed by
WAKLE
MANOJ 903-BA-3594-2026.DOC
WAKLE MANOJ
MANOJ JANARDHAN
JANARDHAN Date:
2026.10.06
19:28:50
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3594 OF 2026
Dawood Ayyub Shaikh @ Daud Chikna …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Amin Malik a/w Adv. Shaijad M. i/by Mr. Zoheb Shaikh, for
the Applicant.
Mr. R. M. Pethe, APP for the Respondent – State.
PSI- Umesh Jadhav, D.N. Nagar Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 6th OCTOBER, 2026
P.C. :-
1. Perused the praecipe dated 5th October, 2026. Heard
Mr.Malik, the learned Advocate holding for Advocate Mr. Zoheb
Shaikh.
2. Mr. Malik states that the aforesaid Application was filed on
medical ground as the trial Court was vacant. Now, the trial Court is
functional. Therefore, he seeks leave to withdraw the aforesaid
Application with liberty to file an Application for bail on the same
medical ground before the trial Court.
3. Leave and liberty to withdraw is granted.
4. Application stands disposed of as withdrawn.
5. It is clarified that this Application is not heard on merits. If
Application seeking bail on medical ground is filed before the trial
Court, it shall be decided on its own merits.
(SHYAM C. CHANDAK, J.)
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