Order 040926ba1053.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1053 OF 2026. Vitthal Damuji Mehar -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.D. Dewani, Advocate for the Applicant. Shri N.R. Rode, A.P.P. for Non-applicants/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 04, 2026. Heard. 2. The learned Counsel for the applicant submits that the applicant is languishing in jail since 29.09.2024 and prior to that also he was in jail for near about 6 months. He therefore, submits that for more than 2 ½ years the applicant is behind bars. Though the applicant has moved an application before the trial Court for grant of bail, however, the same was rejected. The learned Counsel further submits that no doubt so far as the application moved is concerned, the same was not on the Rgd. 2026:BHC-NAG:11749 Order 040926ba1053.26 2 ground of delay in trial, and it was on merits of the matter, and therefore, the trial Court has not considered the ground of delay in trial. He seeks permission to withdraw the present application with liberty to approach the trial Court by filing fresh application exclusively on the ground of delay in trial and infringement of his fundamental right guaranteed under Article 21 of the Constitution of India. 3. Permission granted. Criminal Application is disposed of as withdrawn, with liberty as prayed for. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 05/09/2026 11:19:47