Bombay High Court

ARSHID RASHID QURESHIversusTHE STATE OF MAHARASHTRA

Decided: 6 August 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The court granted leave to withdraw the bail application with liberty to file a fresh application after one year.

Summary

The High Court of Bombay heard bail application No. 4757 of 2025 filed by Arshid Rashid Qureshi. Counsel for the applicant sought leave to withdraw the bail application, requesting liberty to file a fresh bail application after one year if the trial remained pending. The court examined whether it could permit such a withdrawal and impose a conditional liberty to re‑apply. It held that the court may grant leave to withdraw and may conditionally allow a fresh application after a specified period. Accordingly, the court granted the leave and ordered the bail application disposed as withdrawn. No merits of the bail claim were adjudicated.

Issues considered

Whether the court can grant leave to withdraw a bail application
Whether the court can impose a condition allowing a fresh bail application after a specified period

Subjects

bail
withdrawal
criminal procedure
High Court
liberty to reapply

Judgment

                      P.H. Jayani                                                        919 BA4757.2025.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                           BAIL APPLICATION NO. 4757 OF 2025

                      Arshid Rashid Qureshi                                       …. Applicant
                            Vs.
                      The State of Maharashtra and anr.                           …. Respondents


                      Mr. Sushil M. Shukla a/w. Ms. Janki Sampat for the Applicant.
                      Mr. R.M. Pethe, APP for the Respondent No.1 – State.
                      Ms. Komal Sinha, appointed Advocate for Respondent No.2.

                                                         CORAM : SHYAM C. CHANDAK, J.
                                                         DATED : 6th AUGUST, 2026

                      P.C. :-

                      1.        Heard learned Counsel for the parties.

                      2.        After arguing the matter for some time, Mr. Shukla, learned Counsel

                      for the Applicant seeks leave to withdraw the aforesaid Bail Application with

                      liberty to file fresh Bail Application after one year if the trial in the said case

                      is not concluded within the said period.

                      3.        Leave to withdraw is granted, with aforesaid liberty.

                      4.        Application stands disposed of as withdrawn.



                                                                    (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.10
10:51:04 +0530




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