Bombay High Court
VITTHAL ALIAS MAULI TUKARAM PATILversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
- Bench
- SACHIN S DESHMUKH
Holding
The bail application was dismissed as withdrawn.
Summary
The petitioner, Vitthal alias Mauli Tukaram Patil, filed a successive bail application before the Bombay High Court, Aurangabad Bench. The learned Additional Public Prosecutor argued that the applicant had not disclosed any prior bail applications and that a subsequent bail plea must be based on a substantial change in circumstances or new material facts. The court, after hearing counsel, noted it was not inclined to consider the application and the applicant sought leave to withdraw it. The court granted leave to withdraw, resulting in the bail application being dismissed as withdrawn. The related criminal application was also ordered disposed of.
Issues considered
- Whether a successive bail application can be entertained without showing a substantial change in circumstances or new material facts.
- Whether the court may allow the withdrawal of a bail application.
Subjects
- bail
- successive bail application
- withdrawal
- change in circumstances
- criminal procedure
Judgment
2026:BHC-AUG:5348
1 937-BA-2008-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 2008 OF 2025
VITTHAL ALIAS MAULI TUKARAM PATIL
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Abhaysinh K. Bhosle
APP for Respondent : Mr. C. V. Badhane
...
WITH
CRIMINAL APPLICATION NO. 4680 OF 2025 IN BA/2008/2025
RAMESH KASHINATH BHOI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for complainant : Mr. Datta A Madake
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 06-02-2026
PER COURT:-
1. The learned A.P.P. submits that this is a successive bail
application, the applicant has not disclosed the filing of previous
bail application in the present matter.
2. It is a well-established legal principle that a subsequent bail
plea must be predicated on a substantial change in circumstances
or the emergence of new material facts since the rejection of the
previous application.
2 937-BA-2008-25.odt
3. After hearing the learned counsel for the applicant, when this
Court was not inclined to consider the application, the learned
counsel for the applicant, on instructions, seeks leave to withdraw
the application. Leave granted.
4. Accordingly, the bail application stands dismissed as
withdrawn.
5. Pending criminal application also stands disposed of.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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