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- Disposed off as Withdrawn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
- Indian Penal Code, 1860 — s. 302
Subjects
- bail
- Section 302 IPC
- withdrawal of application
- trial court jurisdiction
- criminal procedure
Judgment
1/2
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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