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Bombay High CourtBA/2101/2024disposed off as withdrawn

Ashwinbhai Sartanbhai Rathwa v. State Of Maharashtra And ANR

2025-07-23Hon'Ble Shri Justice Amit Borkar2 pages

26-ba-2101-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2101 OF 2024 Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.07.23 17:56:05 +0530 Ashwinbhai Sartanbhai Rathwa ... Applicant V/s.

State of Maharashtra & Anr.

... Respondents SHABNOOR AYUB PATHAN Ms. Anima Mishra i/by Dhaara Legal for the Applicant. Mrs. Megha S. Bajoria, APP for the State - respondent.

CORAM

: AMIT BORKAR, J.

DATED : JULY 23, 2025 P.C.:

1.

This is a bail application filed by the applicant under Section 439 of the Criminal Procedure Code, 1973. The matter was taken up for hearing. Learned Advocate appearing for the applicant made submissions in support of the prayer for grant of bail. However, after hearing the submissions and upon a prima facie consideration of the material on record, this Court was not inclined to grant the relief as prayed.

2.

At this stage, learned Advocate for the applicant, on instructions, seeks permission to withdraw the present bail application with liberty to file a fresh application after the examination of material witnesses. The request was made with an understanding of the consequences of such withdrawal. 3.

In view of the above, the present bail application is allowed

26-ba-2101-2024.doc to be withdrawn.

4.

However, the applicant shall be at liberty to revive the request for bail after the examination of the material witnesses, or in the event there is no substantial progress in the trial during that period.

5.

The Trial Court shall make an endeavor to examine the material witnesses within a period of one year. (AMIT BORKAR, J.)