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Bombay High Court

SHABBIR DILAWAR SHEIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the bail application and granted liberty to re‑apply for bail if the trial is not concluded within nine months.

Summary

The applicant, Shabbir Dilawar Sheikh, filed a bail application which his counsel sought to withdraw, requesting the trial court to expedite the case and dispose of it within nine months, given the applicant's three-year pre‑trial detention. The High Court granted leave to withdraw the bail application, expressly stating that the matter was not heard on its merits. The court also directed the trial court to aim for disposal within nine months from 21 September 2026 and allowed the applicant to renew the bail prayer if the trial exceeds that period. The application was consequently disposed of as withdrawn. No substantive discussion on bail merits was undertaken.

Issues considered

  • Whether a bail application may be withdrawn at the request of the applicant’s counsel.
  • Whether the court can grant liberty to re‑file a bail application if the trial is not concluded within a specified period.

Subjects

  • bail
  • withdrawal
  • trial expedite
  • criminal procedure
  • pre‑trial detention
  • High Court of Bombay

Judgment

                      P.H. JAYANI                                                914 BA3877.2025.DOC


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3877 OF 2025

                      Mr. Shabbir Dilawar Sheikh                                  …. Applicant
                            V/s.
                      The State of Maharashtra                                  …Respondent


                      Dr. Abhinav Chandrachud a/w. Mr. Prateek Dixit, Mr. Pavan
                      Pandey, Mr. Devendra Agarwal, Ms. Sneha Mishra and Ms. Kajal
                      Mishra i/b. Adv. Premkumar R. Pandey for the Applicant.
                      Mr. Vinod Chate, APP for the Respondent – State.
                      Mr. Anil r. Dhumse, PSI, Kongaon Police Station, present.


                                                  CORAM:        SHYAM C. CHANDAK, J.
                                                  DATED :       11th SEPTEMBER, 2026

                      P.C. :-

                      1.      Dr. Chandrachud, learned Counsel for the Applicant, on
                      instructions, seeks leave to withdraw the aforesaid bail application
                      and requested to direct the trial Court to expedite the hearing and
                      dispose of the case within nine months as the Applicant is behind
                      bars for nearly three years and charge is already framed. Further,
                      he seeks liberty to renew the prayer for bail before the trial Court,
                      if the trial is not concluded within the said period of nine months.

                      2.        Leave to withdraw is granted, with aforesaid liberty.

                      3.        Application stands disposed of as withdrawn.

                      4.        It is made clear that this Application is not heard on merits.

                      5.    The trial Court is requested to expedite the hearing of the
                      case and endeavour to dispose of the same within nine months
                      from 21st September, 2026.


  PREETI
  HEERO
  JAYANI                                                 (SHYAM C. CHANDAK, J.)
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.17
14:42:04 +0530
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