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Bombay High Court

VIJAY ANANT BRAHMANWADEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted leave to withdraw the bail application, disposed it as withdrawn, and directed the trial court to expedite the trial within nine months, permitting a fresh bail application thereafter.

Summary

The High Court of Bombay heard a bail application filed by Vijay Anant Brahmanwade. The court was not inclined to grant bail, and the applicant’s counsel sought permission to withdraw the application and requested that the trial court complete the trial within nine months, with liberty to file a fresh bail application if the trial exceeded that period. The prosecution indicated it would examine six witnesses and aim to finish within nine months. The bench granted leave to withdraw, disposed the bail application as withdrawn, and directed the trial court to expedite the case within the stipulated time, allowing the applicant to reapply for bail if necessary. The order reflects the court’s procedural discretion in managing bail applications and trial timelines.

Issues considered

  • Whether the bail application may be withdrawn with the court’s permission
  • Whether the court can direct the trial court to expedite the trial within a specified period
  • Whether liberty can be granted to file a fresh bail application if the trial is not concluded within the stipulated time

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial expedite
  • high court
  • application disposal

Judgment

WAKLE
MANOJ                 MANOJ                                                  4-BA-4393-2025.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.09.01
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:31:51 +0530                  CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL BAIL APPLICATION NO.4393 OF 2025
                      Vijay Anant Brahmanwade                              …Applicant
                              V/s.
                      The State of Maharashtra & Anr.                      …Respondents


                      Ms. Mallika Sharma, for the Applicant.
                      Ms. Anagha Deshmukh, APP for the Respondent No.1-State.
                      Adv. Viral Mukte, for the Respondent No.2-Victim.
                      Mr. Sanjay Ghag, PSI, Malwani Police Station, present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 31st AUGUST, 2026
                      P.C. :-

                      1.      After hearing the Application for some time, when this
                      Court was not inclined to grant the bail, the learned Counsel for
                      the Applicant, on instructions, seeks leave to withdraw the
                      aforesaid Application and requested to direct the trial Court to
                      expedite the hearing and dispose of the case within nine months
                      from today. Further, she seeks liberty to file a fresh Bail
                      Application, if the trial is not concluded within the said period.

                      2.      Ms. Deshmukh, learned APP, on instructions from
                      Mr.Sanjay Ghag, PSI, stated that the prosecution is going to
                      examine six witnesses and conclude the trial within nine months
                      from today.

                      3.      In view thereof, leave and liberty to withdraw is granted.

                      4.      Application stands disposed of as withdrawn.

                      5.      The trial Court is requested to expedite the hearing of the
                      case and endevour to dispose of the same within nine months.
                                                     Page 1 of 2
MANOJ                                              4-BA-4393-2025.DOC



6.      If the case before the trial Court is not concluded within
nine months, the Applicant will be at liberty to renew his prayer
for bail before this Court.



                               (SHYAM C. CHANDAK, J.)




                              Page 2 of 2


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