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Bombay High Court

SHIVHAR CHIGARYA BHOSALEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

Shivhar Chigarya Bhosale filed an anticipatory bail application (Cr. No. 478 of 2026) fearing arrest in a criminal case (C.R. No. 234/2024) registered at MIDC Police Station, Solapur. The applicant's counsel, Mr. Ritesh Thobde, after hearing, sought leave to withdraw the bail application. The State of Maharashtra and a third respondent, represented by counsel, did not oppose the withdrawal. The Court, after granting leave, allowed the withdrawal and dismissed the anticipatory bail application as withdrawn. Additionally, the Court directed that the fees of the legal aid advocate for Respondent No.3 be quantified and paid under the Legal Aid Scheme.

Issues considered

  • Whether the anticipatory bail application should be entertained after the applicant seeks its withdrawal

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • legal aid

Judgment

                                                              21-ABA-478-2026 (CR).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                    CRIMINAL APPELLATE JURISDICTION

                 CR. ANTICIPATORY BAIL APPLN. NO. 478 OF 2026

Shivhar Chigarya Bhosale                                   …...Applicant
                        Versus
The State Of Maharashtra & Ors.                            …...Respondents

                                          ——————
         Mr. Ritesh Thobde a/w. Mr. Darshan Singh Rajpurohit, Ms. Siddhi Jeur, Mr.
          Mervin Bardeskar i/b. Ms. Divyashree Dhumal for Applicant.
         Mr. N.B. Patil, A.P.P. for the Respondent Nos.1 & 2-State.
         Ms. B.G. D’costa, Appointed Advocate for the Respondent No.3.
          (Appointed under Legal Aid vide order date 15/09/2026) .
                                          ——————

                                      Coram :       ASHWIN D. BHOBE, J.

                                      Date      :   30th September 2026.

PER COURT :

1.        Heard Mr. Ritesh Thobde, learned Advocate for the Applicant, Mr. N.B.

Patil, learned A.P.P. for the Respondent Nos.1 & 2-State and Ms. B.G. D’costa,

learned Advocate for the Respondent No.3.

2.        By the present Application, the Applicant has sought the following

substantive relief, as set out in prayer clause (b).

           “b) In the event of arrest of the present Applicant in C.R. No. 234/2024
                registered with MIDC Police Station, Solapur City, Dist. Solapur,
                the Respondent be directed to release him on bail on such terms
                and condition which the Hon'ble Court may deem fit.”


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                       3.      After having heard the matter for some time, Mr. Ritesh Thobde,

                       learned Advocate for the Applicant, sought a pass-over to take instructions. At

                       his request, the Application was taken up after some time.

                       4.      Mr. Ritesh Thobde, learned Advocate for the Applicant, on instructions

                       from the Applicant, seeks leave to withdraw the present Bail Application. This

                       request is not opposed by Mr. N.B. Patil, learned A.P.P. for the Respondent

                       Nos.1 & 2-State and Ms. B.G. D’costa, learned Advocate for the Respondent

                       No.3.

                       5.      In view of the statement made by Mr. Ritesh Thobde, learned Advocate

                       for the Applicant, leave is granted to withdraw the present Application.

                       6.      Ms. B.G. D’costa was appointed to represent the Respondent No. 3

                       under the Legal Aid Scheme. She has appeared and argued on behalf of

                       respondent No. 3. As such, the Bombay High Court Legal Services

                       Committee, Kolhapur Circuit Bench, shall quantify and pay the fees of

                       Advocate Ms. B.G. D’costa, as per the Legal Aid Scheme.


                       7.      The Anticipatory Bail Application No. 478 of 2026 is dismissed as

                       withdrawn.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR
SHIVAHAR
           KUMBHAKARN                                        [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
           2026.09.30
           20:40:14
           +0530




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