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Bombay High Court

MUDASSUR MANSUR PATHANversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application after one year if the trial does not substantially progress.

Summary

The applicant, Mudassur Mansur Pathan, filed a bail application in the Bombay High Court, Aurangabad Bench. After the court examined the charge sheet and heard arguments, the judge expressed a reluctance to grant bail. The applicant then sought to withdraw the bail application and requested permission to file a fresh application before the trial court if the trial did not substantially progress within one year. The State argued that the trial involved about 31 prosecution witnesses and would require roughly eight court sessions, urging the court to ensure the trial concludes within a year. The judge granted liberty to file a fresh application after one year, directed the accused to cooperate, and dismissed the present bail application as withdrawn.

Issues considered

  • Whether bail should be granted to the applicant pending trial
  • Whether the applicant may withdraw the bail application and seek a fresh application after a stipulated period
  • Whether the trial can be completed within one year given the number of witnesses

Subjects

  • bail
  • trial delay
  • withdrawal of application
  • fresh application
  • court adjournments
  • cooperation of accused

Judgment

                                 1                         79ba639.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                79 BAIL APPLICATION NO. 639 OF 2026

                     MUDASSUR MANSUR PATHAN
                                VERSUS
                    THE STATE OF MAHARASHTRA
                                    ...
           Advocate for Applicant : Mr. Sayyed Tauseef Yaseen
              APP for Respondent/State: Mr. S.A. Gaikwad
                                    …


                              CORAM : HITEN S. VENEGAVKAR, J.
                              DATE : 24.08.2026
PER COURT :


1.          Heard the learned Advocate for the applicant and the learned

APP for the respondent- State.


2.          With the assistance of the both learned Advocates, I have

perused the entire charge-sheet placed on record.


3.          After showing my dis-inclination for grant of bail, the learned

Advocate for the applicant seeks liberty to withdraw the application and

to file fresh application before the learned trial court, in case the trial

does not substantially progressed within a period of one year from today.


4.          The learned APP submits that the charge has also framed

and there are almost 31 witnesses maximum that are required to be

examined by the prosecution. He also submits that he has received a

report from the learned Prosecutor appearing in the trial court stating

that for completion of the present trial the prosecution requires 8
                                    2                         79ba639.26



sessions.    He therefore, requests that an endeavour shall be made to

complete the trial within a period of one year from today and all the

accused persons should co-operate in conclusion of the trial.


5.            Taking   into   consideration,   that   there   are   almost   31

witnesses to be examined in the trial, I am inclined to grant liberty to the

present applicant to file fresh application before the trial Court in case

the trial does not substantially progressed within a period of one year

from today.


6.            A Fresh application shall be filed before the trial Court after

one year and the same shall be decided by the trial Court on its own

merits in accordance with the law.


7.            The applicant as well as other accused persons shall co-

operate in conclusion of the trial. Any adjournments or non co-operation

shall be a period which will not consider for the purpose of calculating

the period of one year as stated above.


8.            In the light of aforesaid, the present application stands

dismissed as withdrawn.


                                        (HITEN S. VENEGAVKAR, J.)




mahajansb/


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