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Bombay High Court

MANGESH VASUDEV BARHATEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Leave and liberty to withdraw the bail application were granted.

Summary

Mangesh Vasudev Barhate had earlier filed a criminal bail application which was denied, leading him to withdraw it with permission to reapply after a year if the trial stalled. The trial is scheduled for 14 July 2026 and the prosecution expects to complete it within three months. The applicant now seeks leave to withdraw the current bail application, requesting liberty to file a fresh application after three months should the prosecution fail to finish the trial. The Court, after considering the schedule and the applicant's request, granted leave to withdraw the application with the stipulated liberty. Consequently, the bail application was disposed of on those terms.

Issues considered

  • What is the appropriate procedure for withdrawing a criminal bail application pending before the High Court?
  • Whether the Court can grant liberty to refile a bail application after a specified period if the trial is not concluded.

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • trial delay
  • High Court

Judgment

WAKLE
MANOJ
JANARDHAN
                      Manoj                                                   11-BA-4750-2025.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.06.17
20:09:25 +0530                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL BAIL APPLICATION NO.4750 OF 2025

                      Mangesh Vasudev Barhate                           ...Applicant
                            V/s.
                      The State of Maharashtra & Anr.                   ...Respondents

                      Mr. Sujit S. Mishra, for the Applicant.
                      Ms. Veera Shinde, APP for the Respondent-State.
                      API – A. S. Chavan, Waliv Police Station, present.

                                                      CORAM : SHYAM C. CHANDAK, J.

                                                      DATED : 17th JUNE, 2026
                      P.C. :-

                      .            Earlier, the Applicant had filed Criminal Bail Application
                      No.2050 of 2023. On that occasion, this Court was not inclined to grant
                      bail. Therefore, learned Counsel for the Applicant had withdrawn the said
                      Application with liberty to renew the request for bail before the trial Court
                      after one year if there is no progress in the trial. The trial was also
                      expedited.

                      2)           Ms. Shinde, learned APP states that the case before the trial
                      Court is fixed on 14th July, 2026.

                      3)           Mr. Chavan, API, states that the prosecution will examine all
                      the material witnesses and complete the trial within three months from
                      today.

                      4)           In view thereof, Mr. Mishra, learned Counsel for the Applicant,
                      seeks leave to withdraw the present Application with liberty to file fresh
                      Bail Application after three months if the prosecution fails to complete the
                      trial.

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Manoj                                               11-BA-4750-2025.doc


5)      Leave and liberty to withdraw is granted.

6)      Application stands disposed of in aforesaid terms.



                                 (SHYAM C. CHANDAK, J.)




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