Bombay High Court
ANAS ASHFAQ SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL REJECTED
- Bench
- NEELA KEDAR GOKHALE
Holding
The bail application is disposed of as withdrawn.
Summary
The applicant, Anas Ashfaq Shaikh, has been in custody since 26 September 2023. An earlier bail application was withdrawn by order of the High Court on 26 June 2025, after the trial court rejected his bail on the ground that the defence had caused delays. The applicant filed a fresh bail application before the Additional Sessions Judge, which was again rejected on 15 December 2025, with the trial court noting the defence's repeated filings. The applicant’s counsel then sought permission to withdraw this second bail application, which the High Court granted. The Court also directed the trial court to frame charges within four months of the order and proceed with the trial. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether the bail application should be entertained after the applicant’s earlier withdrawal and the trial court’s rejection
- Whether the High Court can direct the trial court to frame charges within a specified time frame
Subjects
- bail
- withdrawal of application
- charge framing
- criminal procedure
- custodial detention
- High Court
- trial court
Judgment
1-BA-4868-2025.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 4868 OF 2025
Anas Ashfaq Shaikh ...Applicant
Versus
State Of Maharashtra ...Respondent
Mr. Ebaad Shaikh, for the Applicant.
Ms. Poonam P. Bhosale, APP for the State-Respondent.
Mr. Vijay Bhalerao, PSI attached to Khadakpada Police Station,
Kalyan, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 08th JANUARY 2026
PC:-
1. By order dated 26th June 2025, this Court (Coram: Amit
Borkar, J.) permitted the Applicant to withdraw his Bail
Application when the Court was not satisfied and was not
inclined to grant relief to the Applicant.
2. Thereafter, the Applicant filed a Bail Application before
the Additional Sessions Judge, Kalyan and by order dated 15 th
December 2025, the Trial Court rejected his bail application
by observing in paragraph 9 that the defense has consumed a
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1-BA-4868-2025.DOC
lot of time by filing one or another application. It therefore,
cannot be said that the long incarceration of the Applicant is
due to the prosecution and in fact, the prosecution had shown
its readiness to proceed with the trial if the defense co-
operates.
3. In view of the aforesaid, when I was not inclined to
enlarge the Applicant on bail, Mr. Ebaad Shaikh, learned
counsel appearing for the Applicant, sought permission to
withdraw the present Bail Application. Permission is granted.
4. In any event, the Applicant is in custody since 26 th
September 2023, the Trial Court is requested to frame the
charges expeditiously and in any case, within a period of 4
months from the date on which this order is communicated to
it and proceed with the trial.
5. The Bail Application is disposed as withdrawn.
(Dr. Neela Gokhale, J)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.01.13
18:11:00
+0530
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08 January 2026
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