Bombay High Court

HIMANSHU SHIVMURAT CHAUHANversusSTATE OF MAHARASHTRA

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The court held that leave to withdraw a bail application may be granted and the application can be disposed of without a merits hearing.

Summary

The applicant, Himanshu Shivmurat Chauhan, filed a bail application before the Bombay High Court. Subsequently, his counsel, Mr. Tanmay Kate, on behalf of the applicant, sought leave of the court to withdraw the bail application. The court considered whether such a withdrawal required its permission and whether the application could be disposed of without a merits hearing. Justice Shyam C. Chandak granted the leave to withdraw, stating that the application would stand disposed of as withdrawn. The court expressly noted that the matter was not heard on its substantive merits.

Issues considered

Whether a bail application may be withdrawn by the applicant with the court's permission
Whether the court must hear the merits of a bail application once it is withdrawn

Subjects

bail
withdrawal
criminal procedure
high court
leave to withdraw

Judgment

                P.H. Jayani                                                         903 BA4434.2025.doc



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                     BAIL APPLICATION NO. 4434 OF 2025

                Himanshu Shivmurat Chauhan                                   …. Applicant
                      Vs.
                The State of Maharashtra                                     …. Respondent

                Mr. Tanmay Kate i/b. Mr. Vipul Dushing for the Applicant.
                Ms. Anagha Deshmukh, APP for the Respondent – State.

                                                    CORAM : SHYAM C. CHANDAK, J.
                                                    DATED : 27th AUGUST, 2026

                P.C. :-

                1.        Mr. Kate, learned Counsel for the Applicant, on instructions, seeks

                leave to withdraw the aforesaid Bail Application.

                2.        Leave to withdraw, is granted.

                3.        Application stands disposed of as withdrawn.

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



                                                               (SHYAM C. CHANDAK, J.)
       Digitally
       signed by
       PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
       2026.08.27
       19:24:04
       +0530




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