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Bombay High Court

DIPAK DNYANESHWAR ALIAS NANA MORE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to re‑apply after one year.

Summary

The petitioners, Dipak Dnyaneswar alias Nana More and another, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the hearing, the petitioners expressed a desire to withdraw the bail application, seeking liberty to approach the trial court after a period of one year. The Court noted the petitioners' disinclination to proceed and, on their request, granted the liberty to re‑file the application after one year, directing that any such application be considered on its merits. Additionally, the Court directed the trial court to fix a trial schedule at its convenience to expedite the pending trial. Consequently, the bail application was dismissed as withdrawn, with the liberty as prayed.

Issues considered

  • Whether the bail application may be withdrawn with liberty to re‑apply after a year
  • Whether the trial court may be directed to fix a schedule for the pending trial

Subjects

  • bail
  • withdrawal of application
  • trial court scheduling
  • liberty to reapply
  • criminal procedure

Judgment

2026:BHC-AUG:42832
                                                  -1-
                                                                      45-BA-810-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 810 OF 2026

                 DIPAK DNYANESHWAR ALIAS NANA MORE AND ANOTHER
                                           VERSUS
                       THE STATE OF MAHARASHTRA AND ANOTHER
                                              .....
              Advocate for Applicant : Mr. Abhishek Datta Nagode
              APP for Respondent - State : Mr. S. D. Ghayal
              Advocate for Respondent No.2 : Mr. A. D. Gade (Appointed Through
              Legal Aid)
                                              ..…

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 15th SEPTEMBER 2026
              PER COURT :

              1.          Heard learned Advocate for the applicants, learned APP

              and learned Advocate for respondent No. 2. With the assistance of

              learned Advocates, I have also gone through the investigation

              papers annexed to the application.



              2.          Upon showing disinclination to allow the application,

              the learned Advocate for the applicants, on instructions, seeks

              leave to withdraw the application with liberty to approach the Trial

              Court after a period of one year.



              3.          Liberty as prayed for is granted. In case an application

              is filed after a period of one year, the same be considered on its own

              merits.
                                  -2-
                                                        45-BA-810-2026




4.           Taking into consideration the pendency of the trial, the

learned Trial Court may also take a decision to fix the schedule of

the trial as per its convenience and make an attempt to conclude

the trial at the earliest.



5.           Application stands dismissed as withdrawn with liberty

as prayed.


                                        (HITEN S. VENEGAVKAR)
                                               JUDGE




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