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Bombay High Court

BASHI @ SHIVAM HARBIR BEHENWALversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application after six months.

Summary

The petitioner, Bashi @ Shivam Harbir Behenwal, filed a criminal bail application before the Bombay High Court. Counsel for the petitioner sought leave to withdraw the bail application, requesting that the petitioner be permitted to file a fresh bail application after six months if the trial had not progressed. The respondent State, represented by counsel, opposed the withdrawal. The Court considered the petitioner's request and the principle that a bail application may be withdrawn with the Court's permission. Accordingly, the Court allowed the withdrawal of the bail application and granted the petitioner liberty to file a fresh application after six months, disposing of the present application.

Issues considered

  • Whether the petitioner may be permitted to withdraw a pending bail application and be granted liberty to file a fresh bail application after a specified period.

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • liberty to reapply
  • high court

Judgment

                                                                                14-BA-47-2025 (CR).doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL BAIL APPLICATION NO.47 OF 2025
                                             Bashi @ Shivam Harbir Behenwal

                                                            Versus
                                              The State of Maharashtra
                      _________________________________________________________________
                      Mr. Aniket Vagal along with Ms. Savvy Kolhekar and Ms. Juhi Kadu,
                      Advocate for Applicant.
                      Mr. Prashant P. Jadhav, APP for Respondent-State.
                      ACP-Sangita Nikam, Nashik Road Division, Nashik City, present.
                      _________________________________________________________________

                                                            CORAM        :   SHIVKUMAR DIGE, J.
                                                            DATE         :   6th FEBRUARY, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant and learned APP for

                      respondent-State.

                      2.         Learned counsel for the applicant, on instructions, seeks leave

                      to withdraw the application with liberty to file fresh bail application after

                      six months if there is no progress in the trial.

                      3.         Considering the submission of learned counsel for the applicant,

                      the application is allowed to be withdrawn with aforesaid liberty and

                      disposed of.


         Digitally
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM
                                                                      (SHIVKUMAR DIGE, J.)
KADAM    Date:
         2026.02.10
         16:05:05
         +0530




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