Bombay High Court

ABDUL RAJJAK ABDUL KADAR SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to the applicant to seek fresh bail if appropriate relief is obtained.

Summary

Abdul Rajjak Abdul Kadar Shaikh, the applicant, had previously been granted bail in NDPS Special Case No. 374 of 2020, which was later cancelled by the Sessions Court for failing to report to the ATS as required. He filed Criminal Bail Application No. 677 of 2026 seeking relief, but subsequently requested to withdraw the application to pursue appropriate legal steps against the cancellation order dated 19 May 2025. The State's counsel did not oppose the withdrawal, though they kept their substantive contentions open. The High Court, after hearing counsel, granted leave to withdraw the bail application and clarified that the merits were not considered. Consequently, the bail application was disposed of as withdrawn, with liberty granted to the applicant to re‑apply for bail if relief is obtained.

Issues considered

Whether the applicant may withdraw a pending bail application before the High Court
Whether the court can grant liberty to the applicant to re‑apply for bail after seeking relief against a prior bail cancellation order

Subjects

bail
withdrawal of bail application
NDPS Act
breach of bail conditions
criminal procedure

Judgment

1/3
22-BA-677-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 677 OF 2026

Abdul Rajjak Abdul Kadar Shaikh …...Applicant
VERSUS
The State Of Maharashtra And Anr. …...Respondents

_________________________________________________________________

Mr. Shrikant Jadhav i/b Adv. M. P. Kharat, for Applicant.
Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 - State.
Officer: Mr. Nagesh Kamble, LCB, Sangli, present.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DATE : 21st SEPTEMBER, 2026.
DHUDUM Date:
2026.09.22
15:00:12
+0530
P.C.

1. Heard Mr. Shrikant Jadhav, learned Advocate for the Applicant

and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and

2 – State.

2. On 15th September, 2026, the following order was passed:

“1. Criminal Bail Application No. 677 of 2026 is detagged from
Criminal Bail Application No. 467 of 2026.

2. This matter was heard for a substantial time, i.e., during the
pre- lunch session and post-lunch session.

3. Ms. S. N. Deshmukh, learned APP for the State, states that in

Shantanu S. Dhudum
2/3
22-BA-677-2026 (CR).DOC

Crime No. 374 of 2020, the Applicant was granted bail;
however, the same was cancelled by the Sessions Court for
breach of the condition.

4. In all fairness, Mr. Shrikant Jadhav, learned Advocate for the
Applicant, tenders a copy of the order dated 19th May 2025
passed on Exhibit 199 in NDPS Special Case No. 374 of 2020.
The same is taken on record and marked as Exhibit 'X' for
identification. Paragraph No. 9 of the same reads thus:

"9 Admittedly, after released on bail, they have not
reported ATS, Kalachowki on the first Monday of every
month as directed by Hon'ble High Court as well as by
this Court and thereby, they breached bail conditions."

5. Mr. Shrikant Jadhav, learned Advocate for the Applicant, seeks
time till 21st September 2026 for a limited purpose to take
instructions on paragraph No. 9. This request is not opposed
by Ms. S. N. Deshmukh, learned APP for the State.

6. In view of the above, at the request of Mr. Shrikant Jadhav,
learned Advocate for the Applicant, list this matter on 21st
September 2026 under the caption "Part-heard".”

3. Mr. Shrikant Jadhav, learned Advocate for the Applicant, on

instructions from the Applicant, seeks leave to withdraw the present Bail

Application, as the Applicant intends to take appropriate steps, as available

to the Applicant in law, against the order dated 19th May, 2025 passed on

Exhibit 199 in NDPS Special Case No.374 of 2020, marked as Exhibit - “X”.

Shantanu S. Dhudum
3/3
22-BA-677-2026 (CR).DOC

He submits that, in the event the Applicant is able to obtain appropriate

relief in respect of the order dated 19 th May, 2025 marked as Exhibit - “X”,

liberty be granted to the Applicant to renew his request for bail in this

crime.

4. This request is not opposed by Ms. Shubhangi N. Deshmukh,

learned A.P.P. for Respondent Nos.1 and 2 – State. She, however, submits

that all contentions of the prosecution on merits and on limitation be

left open.

5. In view of the statement made by Mr. Shrikant Jadhav, learned

Advocate for the Applicant, leave is granted to withdraw this Bail

Application with liberty as prayed.

6. It is clarified that the merits of this Application have not bee

considered. All contentions of the Respondents are left open.

7. Criminal Bail Application No.677 of 2026 is disposed of as

withdrawn.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

Continue reading with your account

Checking your session…