Calcutta High Court permits withdrawal of a bail application under Section 483, dismissing the petition as withdrawn while enabling the petitioner to approach the trial court
Summary
| Category | Data |
|---|---|
| Case Name | CRM(M)/1036/2025 of ALI MAHBOUBI Vs STATE OF WEST BENGAL |
| CNR | WBCHCA0317512025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISMISSED AS WITHDRAWN |
| Judgment Author | Suvra Ghosh, J. |
| Court | Calcutta High Court |
| Bench | Single-Judge Bench |
| Type of Law | Bail application under Section 483 of the BNSS Act, 2023 |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | Petitioner filed an application for bail under Section 483 BNSS, 2023 in connection with Manteswar P.S. Case No. 221 of 2025 under Sections 303(2)/317(2) of BNSS, 2023. He prayed for liberty to withdraw the application and take necessary steps before the trial court. |
Factual Background
Ali Mahboubi moved the Calcutta High Court by way of C.R.M. (M) 1036 of 2025, seeking bail under Section 483 of the BNSS Act, 2023 in connection with Manteswar P.S. Case No. 221 of 2025 dated 16.05.2025 under Sections 303(2) and 317(2) of the BNSS Act. During the hearing, the petitioner prayed for permission to withdraw his high-court bail application and to proceed before the learned trial court. The High Court granted that prayer, dismissed the bail application as withdrawn, and allowed the petitioner to pursue remedies in the trial court.
Summary of Legal Reasoning
- The petitioner submitted a formal prayer to withdraw his pending bail application and to pursue relief before the trial court.
- The court examined the prayer and determined that it fell within the court’s discretion to permit withdrawal of a bail petition.
- The court granted liberty to the petitioner to withdraw the application and to take necessary steps before the learned trial court.
- Consequent to that grant of liberty, the court dismissed the bail petition as withdrawn.
Arguments by the Parties
Petitioner
- Sought liberty to withdraw the high-court bail application.
- Requested permission to approach the trial court for appropriate relief.
State
No counter-submissions recorded in the judgment.
Statutory Analysis
- The petition was filed under Section 483 of the BNSS Act, 2023, which governs the manner and jurisdiction for hearing bail applications.
- The court’s order recognized the inherent discretion of the High Court to allow withdrawal of such petitions and to remand the petitioner to the jurisdiction of the trial court.