Bombay High Court
DILIP MOTILAL TUDDUversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
The bail application was disposed of as withdrawn, with liberty to re‑apply if the trial exceeds the agreed period.
Summary
The applicant, Dilip Motilal Tuddu, filed a criminal bail application before the Bombay High Court. The State counsel informed the Court that the trial was scheduled to commence on 29 June 2026 and that three prosecution witnesses had already been examined, with three more to be examined, and that the trial would be concluded within three months. On this basis, the applicant's counsel sought leave to withdraw the bail application, requesting liberty to re‑file for bail if the trial exceeded the stipulated period. The Court granted the leave and liberty, thereby disposing of the bail application as withdrawn. The Court also directed the trial court to expedite the trial and aim to complete it within the agreed timeframe.
Issues considered
- Whether a bail application may be withdrawn with liberty to re‑apply if the trial is not concluded within a specified period
Subjects
- bail
- withdrawal of application
- criminal procedure
- trial expedite
- high court
Judgment
Shivgan 7-BA-3728-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3728 OF 2025
Dilip Motilal Tuddu ...Applicant
V/s.
The State of Maharashtra & Anr. ...Respondents
Ms. Sagayamary M., for Applicant.
Mr. S. S. Ghag, APP for the Respondent-State.
Mr. Bajrang Desai, PSI attached to Samta Nagar Police Station, present.
CORAM : SHYAM C. CHANDAK, J.
DATED : 25th JUNE, 2026
P.C. :-
1. Mr. Ghag, learned APP representing the State, submits that the case
is listed before the Trial Court on 29 th June, 2026 and sofar as 3 witnesses
have been examined by the prosecution. He, on instructions, submits that
the prosecution intends to examine 3 more witnesses and undertakes to
conclude trial within 3 months from 29 th June, 2026. The said Undertaking
is taken on record.
2. In view thereof, learned counsel for the Applicant, on instructions,
seeks leave to withdraw the aforesaid Bail Application with liberty to renew
his prayer for bail before this Court if the trial is not concluded within the
aforesaid period.
3. Leave and liberty are granted.
4. The Bail Application stands disposed of, as withdrawn.
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Shivgan 7-BA-3728-2025.doc
5. The Trial Court is requested to expedite the hearing of the case and
shall make an endeavour to dispose of the same within the afore-stated
period.
(SHYAM C. CHANDAK, J.)
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