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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Leave to withdraw the bail application was granted, and the application was disposed of as withdrawn.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 Consequently, the bail application was disposed of as withdrawn.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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