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Bombay High Court

NITIN DAGADU AIWALEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the present bail application and directed the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Nitin Dagadu Aiwale, was charged under Section 302 of the IPC and sought bail before the High Court. The State objected, citing an earlier order that any fresh bail application must be filed before the trial court. The applicant’s counsel requested permission to withdraw the present application and file a fresh one in the trial court. The State did not oppose the withdrawal. The Court granted leave to withdraw the bail application, directing that a fresh application be filed before the trial court and will be decided on its merits. Consequently, the present bail application was disposed of.

Issues considered

  • Whether the applicant may withdraw the pending bail application before the High Court and file a fresh bail application before the trial court as per the earlier order.

Legislation cited

Subjects

  • bail
  • Section 302 IPC
  • withdrawal of application
  • trial court jurisdiction
  • criminal procedure

Judgment

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                                                                                  14-BA-216-2026 (CR).DOC


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR

                                              CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL BAIL APPLN. NO. 216 OF 2026

                         Nitin Dagadu Aiwale                                   …........Applicant
                               VERSUS
                         The State Of Maharashtra And Anr.                     ….......Respondents
                         _________________________________________________________________


                         Mr. Ramnik Pawar i/b Mr. Amit Waykool, for Applicant.
                         Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 – State.
                         ASI, Mr. Vikas Laxman Jadhav, Karveer Police Station, Kolhapur, present.
                         _________________________________________________________________


                                              CORAM       :   ASHWIN D. BHOBE, J.
          Digitally
          signed by
                                              DATE        :   15th SEPTEMBER, 2026.
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.15
          17:25:28
                         P.C.
          +0530




                         1.           Heard Mr. Ramnik Pawar, learned Advocate for the Applicant

                         and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and

                         2 - State.


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

                         following substantial relief:


                                “a. That this Hon’ble Court may kindly enlarge the present
                                      Applicant on Bail in connection with FIR bearing in C.R.
                                      No.73 of 2023, lodged with Karveer Police Station,
                                      Kolhapur for offences punishable under Section 302 of
                                      the IPC, on such terms and conditions as this Hon’ble
                                      Court deems fit and proper.”


                Shantanu S. Dhudum
                                                2/2
                                                                    14-BA-216-2026 (CR).DOC


         3.          Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent

         Nos.1 and 2 – State, refers to the order dated 15 th April, 2025 passed by

         this Court in Criminal Bail Application No.4156 of 2024 at Exhibit-C (Page

         No.221) and states that in the event the Applicant intends to renew his

         liberty by filing a fresh bail Application, then the same has to be availed at

         the first instance before the Trial Court.


         4.          Faced with the said objection, Mr. Ramnik Pawar, learned

         Advocate for the Applicant, on instructions from the Applicant, seeks leave

         to withdraw the present Bail Application to approach the Trial Court with a

         fresh Bail Application in terms of the liberty granted by this Court in its

         order dated 15th April, 2025 passed in Criminal Bail Application No.4156 of

         2024.


         5.          This request is not opposed by Ms. Shubhangi N. Deshmukh,

         learned A.P.P. for Respondent Nos.1 and 2 - State.


         6.          In view of the statement made by Mr. Ramnik Pawar, learned

         Advocate for the Applicant, leave is granted to withdraw the present Bail

         Application with liberty as prayed for.


         7.          If a fresh Bail Application is filed before the Trial Court, the same

         shall be considered on its own merits and in accordance with law.


         8.          Criminal Bail Application No.216 of 2026 is disposed of.




                                                        ( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum


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