Bombay High Court

ASHISH DEVENDRA PASWANversusSTATE OF MAHARASHTRA

Decided: 4 March 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

The bail application was dismissed as there was no surviving ground for relief.

Summary

The appellant, Ashish Devendra Paswan, filed a criminal bail application before the High Court of Bombay. The appellant's counsel, Gaurav Bhavani, informed the Court that only one witness remained to be examined before the Trial Court and that this witness would be examined on the next hearing. The Court considered whether any ground existed to grant bail in view of the pending witness examination. Finding that the pending examination did not create a substantive ground for bail and that the application had no remaining basis, the Court held that nothing survived in the bail application. Consequently, the application was disposed of without granting bail.

Issues considered

What is the appropriate basis for granting or refusing bail when a witness remains to be examined before the trial court?

Subjects

bail
criminal procedure
witness examination
application disposal

Judgment

                                                           4-BA-920-2025




                                                        Navnath Waghmare (P.A)



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION


          CRIMINAL BAIL APPLICATION NO. 920 OF 2025
Ashish Devendra Paswan                                   …Appellant
      Versus
State of Maharashtra                                    …Respondent


Mr. Gaurav Bhavani a/w Mayanka S.R. for the Appellant.
Mr. Rajeshree Newton APP, for the Respondent-State.
Mr. Akash Chavan, WPSI, Cuffe Parade Police Station



                     CORAM:        R. M. JOSHI, J.

                     DATED:        04th MARCH, 2026
PC:-


1.     The learned counsel for the APP, on instructions from the
concerned officer, is present in Court and submits that only one
witness remains to be examined before the Trial Court.
Furthermore, a statement has been made that this witness would
be examined on the next date of hearing.


2.     In view of the same, nothing survives in the application, the
application is disposed of accordingly.


                                                     (R. M. JOSHI, J.)
                                                                             {




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                            04 March, 2026

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