Bombay High Court

AKBAR MUSTAK SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided: 2 July 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

A bail application may be withdrawn with liberty to renew the petition if the trial is not concluded within the period specified by the prosecution.

Summary

The applicant, Akbar Mustak Shaikh, filed a bail application before the High Court of Bombay. The prosecution informed the Court that the trial would involve six to seven witnesses and would be concluded within one year from the date of the hearing. On this basis, the applicant’s counsel sought leave to withdraw the bail application, requesting liberty to file a fresh bail petition if the trial were not completed within the one‑year period. The Court granted the leave to withdraw and expressly permitted the applicant to renew the bail prayer should the trial exceed the stipulated time. The Court clarified that the application was not heard on its merits and was disposed of as withdrawn.

Issues considered

Whether a bail application may be withdrawn with liberty to reapply if the trial is not concluded within a period specified by the prosecution

Subjects

bail
withdrawal of application
liberty to reapply
trial duration
criminal procedure

Judgment

HEMANT
CHANDERSEN
SHIV
                      H.C.SHIV                                                              12.ba4495.25.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.07.02
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:17:02 +0300                           CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL BAIL APPLICATION NO.4495 OF 2025

                      Akbar Mustak Shaikh                                  ...Applicant
                            V/s.
                      State of Maharashtra & Anr.                          ...Respondents



                      Ms. Afreen Shaikh with Nikhat Shaikh for the Applicant.
                      Mr. S. S. Ghag, APP for Respondent No.1-State.
                      Ms. Rachita Padwal i/b Saziya Mukadam for Respondent No.2.
                      Mr. Subhash Badak, API, RCF police station present.

                                                          CORAM : SHYAM C. CHANDAK, J.

                                                          DATED : 2nd JULY, 2026
                      P.C. :-

                      1.         Ms.Padwal, learned Counsel for Respondent No.2 states that today
                      the victim and the informant/mother of the victim are present before the
                      trial Court to tender their evidence.

                      2.         Mr.Ghag, learned APP, on instructions from Mr.Subhash Badak,
                      API, RCF police station states that, in this case the prosecution will
                      examine 6 to 7 witnesses and conclude the trial within a period of one year
                      from today.

                      3.         In view thereof, Ms.Shaikh, learned Counsel for the Applicant, on
                      instructions, seeks leave to withdraw the Application with liberty to renew
                      the prayer for bail before the trial Court, if the case is not concluded within
                      one year.

                      4.         Leave and liberty is granted.

                                                             Page 1 of 2
H.C.SHIV                                                          12.ba4495.25.doc


5.         Application stands disposed of as withdrawn with aforesaid liberty.

6.         It is clarified that aforesaid Application is not heard on merits.




                                                     (SHYAM C. CHANDAK, J.)




                                       Page 2 of 2

Continue reading with your account

Checking your session…