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Bombay High Court

YOGESH VISHNU BHABADversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the bail application and disposed of it without hearing on merits.

Summary

The applicant, Yogesh Vishnu Bhabad, filed a criminal bail application in the Bombay High Court. The prosecution indicated it would complete trial within four months. The applicant's counsel sought leave to withdraw the bail application, requesting liberty to refile after four months if the trial was not concluded. The Court granted leave to withdraw and ordered the application disposed of as withdrawn, expressly noting that the application was not heard on its merits. No substantive merits of the bail plea were considered.

Issues considered

  • Whether a bail application may be withdrawn with liberty to refile after a specified period
  • Whether the Court can dispose of a bail application without hearing it on merits

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • High Court
  • procedural order

Judgment

HEMANT
CHANDERSEN
SHIV
                      Manoj                                                   18-BA-4786-2025.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.07.02
19:43:33 +0530                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL BAIL APPLICATION NO.4786 OF 2025

                      Yogesh Vishnu Bhabad                              ...Applicant
                            V/s.
                      The State of Maharashtra & Anr.                   ...Respondents

                      Ms. Shaheen Kapadia i/by Mr. Irfan Unwala, for the Applicant.
                      Mr. S.V. Walve, APP for the Respondent No.1-State.
                      Mr. Siddharth Jagushte (appointed Advocate), for the Respondent No.2.

                                                     CORAM : SHYAM C. CHANDAK, J.

                                                     DATED : 2nd JULY, 2026
                      P.C. :-

                      .           Mr. Walve, learned APP states that in this case the prosecution
                      will examine maximum 4 to 5 witnesses and conclude the trial within four
                      months from today.

                      2.          In view thereof, Ms. Kapadia, learned Counsel for the
                      Applicant, on instructions, seeks leave to withdraw the aforesaid
                      Application with liberty to renew the prayer for bail before this Court after
                      four months, in case the prosecution fails to complete the trial, as assured
                      above.

                      3.          Leave and liberty to withdraw is granted.

                      4.          Application stands disposed of as withdrawn.

                      5.          It is made clear that this Application is not heard on merits.



                                                            (SHYAM C. CHANDAK, J.)


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