Bombay High Court

SMIT MATAPRASAD RAJAKversusSTATE OF MAHARASHTRA AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

The bail application was dismissed as withdrawn, with liberty granted to the applicant to seek its revival if the trial is not completed within six months.

Summary

Smit Mataprasad Rajak filed a criminal bail application before the Bombay High Court. After hearing both sides, the applicant's counsel sought to withdraw the bail application, indicating a desire to revive it if the trial extended beyond six months. The Court noted its reluctance to grant any relief at that stage and entertained the withdrawal request. The application was dismissed as withdrawn, but the Court granted the applicant liberty to approach the court again for revival if necessary. Additionally, the Court directed the trial court to expedite the pending trial. No substantive discussion on the merits of bail was undertaken.

Issues considered

Whether a criminal bail application can be withdrawn and later revived if the trial is not concluded within a stipulated period.

Subjects

criminal bail
withdrawal of application
trial expeditious
high court procedure
liberty to revive application

Judgment

                                                          18-BA-4046-2025




                                                          Navnath Waghmare (P.A)



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION


         CRIMINAL BAIL APPLICATION NO. 4046 OF 2025
Smit Mataprasad Rajak                                      …Applicant
      Versus
State of Maharashtra and Anr                              …Respondents


Mr. Rohan WadiaParth Sangrajhka a/w Sombhadra Singh
i/b Rajeev Sawant & Associates for the Applicant.
Ms. Millika Sharma for the Respondent No.2
Mr. Rishikesh M. Pethe APP, for the Respondent-State.
Mr. Bhagwan Pawar, Kaurar PS, Mumbai


                      CORAM:        R. M. JOSHI, J.

                      DATED:        04th MARCH, 2026
PC:-


1.        After hearing counsel for the both sides, when this court
has shown disinclination to grant any relief at this stage, Learned
counsel for the Applicant on instructions seeks withdrawal of the
application to revive his request, in case the trial does not get over
within a period of six months from today.

2.        Application is dismissed as withdrawn with liberty as
prayed. Trial Court is requested to expedite the trial.


                                                      (R. M. JOSHI, J.)
                                                                               {




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