Bombay High Court
MOHAN VITTHAL MALGEversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The bail application is dismissed for non‑prosecution.
Summary
Mohan Vitthal Malge filed a criminal bail application (No. 1144 of 2025) in the Bombay High Court. The application was listed repeatedly between March 2025 and September 2026, but the applicant and his counsel, Dr. Pradeep Kumar L. Pardeshi, failed to appear either in person or via video conference on all occasions. The State, represented by APP S. H. Yadav, argued that the repeated non‑appearance demonstrated a loss of interest in prosecuting the bail application. The Court, after granting a final opportunity to appear on 23 September 2026, found no justification for further delay. Consequently, the Court dismissed the bail application on the ground of non‑prosecution.
Issues considered
- Whether a criminal bail application may be dismissed for non‑prosecution due to repeated non‑appearance of the applicant and counsel.
Subjects
- bail
- non‑prosecution
- adjournment
- criminal procedure
- high court
- dismissal
Judgment
1 - BA - 1144 - 2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.23
17:15:47 +0530
CRIMINAL BAIL APPLICATION NO. 1144 OF 2025
Mohan Vitthal Malge … Applicant
V/s.
The State of Maharashtra … Respondent
None for the Applicant.
Mr. S. H. Yadav, APP for the State.
S. S. Chavan, Mohol Police Station, Solapur is present.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 23, 2026
P.C.:
1. This Application is of the year 2025.
2. Today, this Application is listed under the caption “For Disposal”.
3. When this Application was called out, the names of the Applicant
(Mohan Vitthal Malge) and the Advocate on Record for the Applicant
(Dr. Pradeep Kumar L. Pardeshi) were called out by the Court
Sheristedar. None appears either physically or through V.C. mode.
4. Mr. S. H. Yadav, learned APP for the State, refers to the order
dated 17th September 2026 and submits that more than sufficient
opportunity was afforded to the Applicant/Advocate for the Applicant to
appear and pursue this Application. He submits that the non-
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1 - BA - 1144 - 2025.docx
appearance of the Advocate for the Applicant is a clear indication that
the Applicant has lost interest in prosecuting this matter. He, therefore,
seeks dismissal of this Application.
5. On 17th September 2026, the following order was passed:
“1. On 15th September, 2026, the following order was passed:
“1. When this Application was called out, neither the Applicant
nor the Advocate for the Applicant were present, either
physically or through V.C. mode.
2. The name of the Advocate on record (Dr. Pradeep
Kumar L. Pardeshi), for the Applicant, was called out by the
Court Sheristedar. None appeared.
3. The record placed before this Court indicates that the
matter was listed on 21st March, 2025, thereafter on 21st
April, 2025, on 5th May, 2025, on 17th June, 2025, on 8th
August, 2025 and on 5th March, 2026; however, the matter was
not heard.
4. To afford an opportunity to the Advocate for the
Applicant to appear and argue the case and to Mr. Nitin B.
Patil, learned A.P.P. for the Respondent–State, to take
instructions in the matter, list this matter on 17th September,
2026.”
2. When this matter was called out today, again, none appeared on
behalf of the Applicant.
3. The name of the Advocate on record, namely, Dr. Pradeep Kumar L.
Pardeshi, was called out by the Court Sheristedar. None appeared.
4. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 3 –State,
submits that the non-appearance of the Advocate for the Applicant on the
dates specifically mentioned in the order dated 15th September, 2026, as also
today, indicates that the Applicant/Advocate for the Applicant is not
interested in pursuing the present Bail Application, which is pending since the
year 2025. He, therefore, insists for dismissal of this Bail Application.
5. As a last and final opportunity to the Advocate for the Applicant to
appear and argue the case, list this matter on 23rd September, 2026 under
the caption “For Disposal”.”
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1 - BA - 1144 - 2025.docx
6. In view of the submissions made by Mr. S. H. Yadav, learned APP
for the State, and the observations in the order dated 17th September
2026, this Court has no other alternative but to accept the request made
by Mr. S. H. Yadav, learned APP for the State, and to dismiss this
Application for non-prosecution.
7. Bail Application No. 1144 of 2025 stands dismissed for non-
prosecution.
(ASHWIN D. BHOBE, J.)
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