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Bombay High Court

SAGAR DAJI BELUSEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the bail application was granted, and the application was disposed of as withdrawn without being heard on merits.

Summary

The applicant, Sagar Daji Beluse, filed a bail application in the High Court of Bombay. The prosecution informed the court that the trial was scheduled to commence that day, with the victim in custody and eight witnesses to be examined, and that the trial would be concluded within one year. On this basis, the applicant's counsel sought leave to withdraw the bail application, requesting liberty to file a fresh bail petition after one year if the trial was not completed within the stipulated period. The Court granted leave to withdraw the application and ordered the bail application to be disposed of as withdrawn. The Court clarified that the application was not heard on its merits.

Issues considered

  • Whether a bail application may be withdrawn with liberty to renew after a specified period
  • Whether the court can grant such liberty without adjudicating the merits of the bail application

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • trial timeline
  • High Court

Judgment

HEMANT
CHANDERSEN
SHIV
                      H.C. SHIV                                                                   43.ba5439.24.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.06.19                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:45:19 +0300
                                           CRIMINAL APPELLATE JURISDICTION

                                              BAIL APPLICATION NO.5439 OF 2024

                      Sagar Daji Beluse                                         …. Applicant
                            Vs.
                      The State of Maharashtra                                  …. Respondent

                      Mr. S. R. Karnik for the Applicant.
                      Ms. Veera Shinde, APP for the Respondent-State.
                      Mr. S. K. Ghuge, PSI, V. P. Road, Mumbai present.


                                                      CORAM : SHYAM C. CHANDAK, J.
                                                       DATED : 17th JUNE, 2026

                      P.C. :-

                      1)          Ms.Shinde, learned APP states that the case before the trial Court is
                      fixed today and PW.1-victim is in the box. She further states that the
                      prosecution is going to examine eight witnesses and will conclude the trial
                      within one year from today.

                      2)          In view of above, Mr. Karnik, learned Counsel for the Applicant, on
                      instructions, seeks leave to withdraw the Application with liberty to renew
                      the prayer for bail after one year, if the prosecution fails to complete the trial
                      within said period.

                      3)          Leave to withdraw is granted.
                      4)          Application stands disposed of as withdrawn with aforesaid liberty.

                      5)          It is clarified that this Application is not heard on merits.



                                                                          (SHYAM C. CHANDAK, J.)




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