Bombay High Court

SITARAM ASHOK JADHAVversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court allowed the withdrawal of the bail application and granted liberty to file a fresh application after one year.

Summary

The petitioner, Sitaram Ashok Jadhav, filed a bail application (No. 1038 of 2026) before the Bombay High Court, Aurangabad Bench. After the court expressed reluctance to grant bail, the petitioner’s counsel sought permission to withdraw the application and requested liberty to file a fresh bail application after one year if the trial does not progress substantially. The court considered whether it could permit such a withdrawal and grant the requested liberty. It held that the applicant could withdraw the bail application and was free to file a fresh application after the stipulated period. Consequently, the bail application was disposed of as withdrawn.

Issues considered

The court’s authority to allow withdrawal of a bail application
The permissibility of granting liberty to re‑file a bail application after a specified period

Subjects

bail
withdrawal of application
criminal procedure
liberty to reapply
high court

Judgment

2026:BHC-AUG:40471
                                                                            962ba1038-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           962 BAIL APPLICATION NO. 1038 OF 2026

                                   Sitaram Ashok Jadhav
                                         VERSUS
                                 The State Of Maharashtra
                                             ...
            Ms. Sonawane Sunita G., Advocate for the Applicant
            Ms. Ashlesha S. Deshmukh, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 2nd September, 2026
            PER COURT :-

            1.       Heard the learned Advocate for the applicant and learned APP.

            With their assistance, I have perused the entire available record. Upon

            showing disinclination to allow the application, the learned Advocate

            for the applicant, on instructions, seeks permission to withdraw the

            application with liberty file fresh application after a period of one year

            from today, in case the trial does not proceed substantially.


            2.       Liberty as prayed is granted. The application is disposed of as

            withdrawn.




                                                        (HITEN S. VENEGAVKAR, J.)
 JPChavan




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