Bombay High Court

JAVED AJJU SHAIKHversusTHE STATE OF MAHARASHTRA

Decided: 27 July 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The Court granted leave to withdraw the bail applications with liberty to file fresh applications after one year.

Summary

The High Court of Bombay heard two bail applications, BA/493/2026 filed by Rahul Nandu Waghmare and BA/913/2026 filed by Javed Ajju Shaikh, both against the State of Maharashtra. After considering the applications, the Court was not inclined to grant bail. Counsel for the applicants, Mr. Vivek Arote, sought leave to withdraw both applications, requesting liberty to file fresh bail applications before the trial court after one year if the trial showed no progress or sufficient advancement. The Court exercised its discretion to allow the withdrawal of the bail applications and granted the requested liberty. Consequently, the applications were disposed of as withdrawn.

Issues considered

Whether the High Court may permit the withdrawal of pending bail applications and grant liberty to reapply after a specified period

Subjects

bail
withdrawal of application
criminal procedure
discretion
High Court

Judgment

                  P.H. Jayani                                                          36 AND 503.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 493 OF 2026

                  Rahul Nandu Waghmare                                        …. Applicant
                        Vs.
                  The State of Maharashtra and Ors.                           …. Respondents
                                                     WITH
                                        BAIL APPLICATION NO. 913 OF 2026

                  Javed Ajju Shaikh                                           …. Applicant
                        Vs.
                  The State of Maharashtra and Ors.                           …. Respondents


                  Mr. Vivek Arote a/w. Mr. Akshay Dingale and Mr. Harish Garde for the
                  Applicants in both Applications.
                  Ms. Anagha Deshmukh, APP for Respondent No.1 – State.
                  Ms. Renuka Bawa, ACP, Pydhonie Division, L.T. Marg Police Station,
                  present.

                                                     CORAM : SHYAM C. CHANDAK, J.
                                                     DATED : 27th JULY, 2026

                  P.C. :-

                  1.        BA/913/2026 is not on board. Upon mentioning, taken on production
                  board.
                  2.        After hearing the Applications for some time, when this Court was not
                  inclined to grant bail, Mr. Arote, learned Counsel for the Applicants, on
                  instructions, seeks leave to withdraw both the Applications with liberty to
                  file fresh Bail Application before the trial Court after one year if there is no
                  progress in the trial or if there is sufficient advancement in the case,
                  whichever is earlier.
                  3.        Leave to withdraw is granted, with aforesaid liberty.
                  4.        Applications stand disposed of as withdrawn.


  PREETI
  HEERO
  JAYANI                                                        (SHYAM C. CHANDAK, J.)
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.07.29                                                                                     1/1
12:56:08 +0530

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