Bombay High Court

RAHUL ANKUSH GHADGEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Disposed Off
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The bail application is dismissed as withdrawn, with liberty to re‑apply if the trial does not progress within one year.

Summary

The applicant, Rahul Ankush Ghadge, filed a criminal bail application before the Bombay High Court, Circuit Bench at Kolhapur. After hearing the counsel, the Court expressed reluctance to grant bail. On the Court's direction, the applicant's counsel sought to withdraw the bail application, requesting liberty to file a fresh bail petition if the trial does not progress within one year. The Court accepted the withdrawal and dismissed the bail application as withdrawn, granting the requested liberty. Additionally, the Court ordered the High Court Legal Services Committee to pay fees to counsel appointed for respondent No. 3 as per the applicable rules.

Issues considered

What is the appropriate disposition of a bail application when the Court is not inclined to grant relief?
Whether the applicant may withdraw the bail application with liberty to re‑apply if the trial exceeds one year.

Subjects

bail
criminal procedure
withdrawal of application
high court
liberty to reapply

Judgment

                                                    13 CriBA No.177.2026
                                  -1-

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

              CRIMINAL BAIL APPLN. NO. 177 OF 2026

                    RAHUL ANKUSH GHADGE
                            VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                ...
Advocate for Applicant : Mr. Rahul Dhaygude a/w Ms. Sujata B.
Lohar, Mr. Tejas Kakade
APP for Respondent-State : Dr. Ashvini A. Takalkar
Advocate for Respondent No. 3 : Mr. Rahul Dhoble
                                ...
                 CORAM : SACHIN S. DESHMUKH, J.
                     Date : 8th April, 2026
PER COURT :-


1.            After hearing the learned counsel for applicant at
length, when this Court was not inclined to grant relief, the learned
counsel for applicant, on instructions, seeks withdrawal of the
application with liberty to present bail application in the event, trial
does not progress within one year.


2.            Accordingly, the bail application stands dismissed as
withdrawn with liberty as aforesaid.


3.            The High Court Legal Services Committee, Bombay
High Court, Circuit Bench at Kolhapur to pay the fees to the
learned counsel appointed on behalf of respondent No. 3 as per
rules.


                                        (SACHIN S. DESHMUKH, J.)
Omkar Joshi

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