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Bombay High Court

MOHAMMED ARMAN NURULHUDA DATRIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application with liberty to file a fresh bail application after six months if the trial shows no progress.

Summary

The applicant, Mohammed Arman Nurulhuda Datri, had been in custody for over two years and filed a bail application. His counsel sought permission to withdraw the bail application, requesting liberty to file a fresh bail application after six months if the trial had not progressed. The respondent State was represented by Ms. Ranjana D. Humane. The Court considered the request and allowed the withdrawal of the bail application, granting the applicant the liberty to file a new bail application after six months, provided there is no progress in the trial. The matter was then disposed of.

Issues considered

  • Whether a bail application pending before the Court can be withdrawn at the request of the applicant's counsel.
  • Whether the Court can grant liberty to file a fresh bail application after a specified period if the trial remains pending.

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • trial delay
  • court discretion

Judgment

                                                                           9-BA-5221-2024 (CR).doc


                   Shubhada S Kadam


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                       BAIL APPLICATION NO. 5221 OF 2024

                                        Mohammed Arman Nurulhuda Datri
                                                     Versus
                                            The State of Maharashtra

                   _________________________________________________________________
                   Mr. Ibrahim Shaikh along with Mr. Faizan Shaikh and Mr. Ashraf Ali
                   Shaikh, Advocate for the Applicant.
                   Ms. Ranjana D. Humane, APP for Respondent-State.
                   HC-N. S. Ataari, Manchar Police Station, present.
                   _________________________________________________________________

                                                        CORAM        :   SHIVKUMAR DIGE, J.
                                                        DATE         :   23rd JANUARY, 2026.
                   P.C. :

                   1.         Heard learned counsel for the applicant and learned APP for

                   respondent-State.

                   2.         Learned counsel for the applicant, on instructions, seeks leave

                   to withdraw the application with liberty to file fresh bail application after

                   six months if there is no progress in the trial as the applicant is behind bars

                   for more than two years.

                   3.         Considering the submission of learned counsel for the applicant,
SHUBHADA
SHANKAR            the application is allowed to be withdrawn with aforesaid liberty and
KADAM

Digitally signed   disposed of.
by SHUBHADA
SHANKAR
KADAM
Date: 2026.01.27
17:03:04 +0530
                                                                   (SHIVKUMAR DIGE, J.)



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