Bombay High Court
MOHAMMED SALIM ALI HASAN KHANversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
The court granted leave to withdraw the bail application and disposed of it as withdrawn, without hearing it on merits.
Summary
The applicant, Mohammed Salim Ali Hasan Khan, filed a bail application in the Bombay High Court. The prosecution indicated it would examine up to five witnesses and aim to conclude the trial within nine months. The applicant's counsel sought permission to withdraw the bail application, requesting liberty to refile if the trial exceeded the nine‑month period. The court granted leave to withdraw the application, disposing of it as withdrawn without addressing the merits. The order also clarified that the application was not heard on its substantive issues.
Issues considered
- Whether the court may permit the withdrawal of a bail application with liberty to reapply if the trial does not conclude within the stipulated nine‑month period
Subjects
- bail
- withdrawal of application
- trial timeline
- nine months
- criminal procedure
- High Court
Judgment
P.H. Jayani 26 BA457.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 457 OF 2026
Mohammed Salim Ali Hasan Khan …. Applicant
Vs.
The State of Maharashtra and anr. …. Respondents
Mr. Tohid Shaikh i/b. Ms. Anjali Patil for the Applicant.
Mr. S.V. Walve, APP for the Respondent – State.
Adv. Kanchan Pawar i/b. Ms. Vilasini B. for the Respondent No.2.
Ms. Jayashri R. Anawane, API, Bhiwandi City Police Station, present.
CORAM : SHYAM C. CHANDAK, J.
DATED : 12th JUNE, 2026
P.C. :-
1) Mr. Walve, learned APP states that in the case before the trial
Court, the prosecution will examine maximum 5 witnesses and conclude the
trial within nine months from today.
2) In view thereof, Mr. Shaikh, learned Counsel for the Applicant,
on instructions, seeks leave to withdraw the aforesaid Application with
liberty to renew his prayer for bail if the prosecution fails to examine the
witnesses and conclude the trial within nine months, as aforesaid.
3) Leave to withdraw, is granted.
4) Application stands disposed of as withdrawn, with aforesaid
liberty.
5) 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:
2026.06.16
11:57:30
+0530
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