Bombay High Court

NAZIR SAMEER SHAIKHversusTHE STATE OF MAHARASHTRA

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The appellate court may allow the withdrawal of a bail application with liberty to reapply, without adjudicating the merits of the bail request.

Summary

The applicant, Nazir Sameer Shaikh, filed a bail application which the trial court denied on the ground that proximity of the parties could lead to witness tampering. After the victim's evidence and other material witnesses were recorded, the applicant's counsel sought permission to withdraw the bail application and to file a fresh one before the trial court, citing the changed circumstances. The High Court, after hearing the counsel, granted leave to withdraw the application, emphasizing that the matter would not be heard on its merits. The court clarified that the withdrawal was permitted without any substantive consideration of the bail issue. Consequently, the bail application was disposed of as withdrawn, and the applicant was free to approach the trial court anew.

Issues considered

Whether a bail application pending before the High Court can be withdrawn at the appellate stage?
Whether the court may grant liberty to the applicant to file a fresh bail application before the trial court after withdrawal?

Subjects

bail
withdrawal of application
witness tampering
criminal procedure
high court
trial court

Judgment

  2026:BHC-AS:37142
                               SA_MANDAWGAD                                                  916 BA 4761-25.DOC


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                                BAIL APPLICATION NO. 4761 OF 2025

                               Nazir Sameer Shaikh                                           … Applicant
                                     V/S.
                               State of Maharashtra and Anr.                              … Respondents


                               Mr. Atharva Dandekar a/w. Mr. Hitendra Parab, for the Applicant.
                               Mr. S.K. Gajare, APP for Respondent–State.
                               Ms. Ashwini Achari, (appointed Advocate) for Respondent No.2
                               Ms.Chavan, WPSI, Cuffe Parade Police Station, present.


                                                            CORAM:        SHYAM C. CHANDAK, J.
                                                            DATED :       8th SEPTEMBER, 2026
                               P.C. :-
                               1.        Mr. Dhandekar, learned counsel for the Applicant states
                               that the Trial Court declined to release the Applicant on bail
                               mainly on the ground that, since the victim, Accused No.1 and the
                               present Applicant have been residing in the same area, the accused
                               were likely to influence the witnesses if released on bail at the
                               early stage of the trial. He further states that the evidence of the
                               victim has now been recorded and some other material witnesses
                               have also been examined. Therefore, on instructions, he seeks
                               leave to withdraw the present application with liberty to file a
                               fresh application before the Trial Court on account of the change
                               in circumstances.

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

                               3.        Application stands disposed of as withdrawn.

                               4.        It is clarified that this application is not heard on merit.


                                                                               (SHYAM C. CHANDAK, J.)


                                                                 Page 1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 09/09/2026 15:33:40

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