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Bombay High Court

ISMAIL IBRAHIM SHAIKH @ CHANAversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the bail application and liberty to file a fresh application after one year.

Summary

The applicant, Ismail Ibrahim Shaikh, filed a bail application in the High Court of Bombay. The trial was part‑heard and ten witnesses had been examined. The applicant sought leave to withdraw the bail application and requested liberty to file a fresh application after one year if the trial was not concluded. The Court examined whether such a withdrawal with a future right to re‑apply was permissible. It granted the leave and liberty as prayed. Consequently, the bail application was disposed of as withdrawn with liberty as prayed.

Issues considered

  • Whether the applicant may withdraw a bail application and be granted liberty to file a fresh application after a specified period

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial pending
  • court liberty

Judgment

  2026:BHC-AS:34385

                               SA_MANDAWGAD                                                 15 BA 3811-25.DOC


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                               BAIL APPLICATION NO. 3811 OF 2025

                               Ismail Ibrahim Shaikh @ Chana                               … Applicant
                                     V/S.
                               State of Maharashtra                                      … Respondent


                               Ms. Krishma Joshi i/by Sangram Jadhav, for the Applicant.
                               Mr. T.G. Khan, APP for Respondent–State.


                                                           CORAM:        SHYAM C. CHANDAK, J.
                                                           DATED :       19th AUGUST, 2026
                               P.C. :-

                               1.        As the trial is part heard and 10 witnesses have been
                               examined, learned counsel for the Applicant, on instructions,
                               seeks leave to withdraw the aforesaid application with liberty to
                               file fresh application after one year, if the trial is not concluded
                               within the said period.

                               3.        Leave and liberty is granted.

                               4.        Bail Application is disposed of as withdrawn with liberty as
                               prayed.



                                                                              (SHYAM C. CHANDAK, J.)




                                                                Page 1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 20/08/2026 17:18:51


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