Bombay High Court
AMIT NAGOJI POTEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application before the trial court.
Summary
The applicant, Amit Nagoji Pote, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving alleged murder, attempt to murder and conspiracy (IPC Sections 302, 201, 120‑B read with 34). The applicant’s counsel sought permission to withdraw the bail application and to file a fresh application later if circumstances changed. The State’s counsel did not oppose the request. The Court, after hearing both sides, granted leave to withdraw the present application and allowed the applicant to file a fresh bail application before the trial court, which would be considered on its own merits. Consequently, Bail Application No. 2257 of 2026 was disposed of as withdrawn.
Issues considered
- Whether a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be withdrawn with liberty to file a fresh application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code, 1860 — s. 120-B, 201, 302, 34
Subjects
- bail
- withdrawal
- Section 483
- IPC 302
- IPC 201
- IPC 120-B
- criminal procedure
Judgment
14-BA-2257-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2257 OF 2026
Amit Nagoji Pote … Applicant
Versus
The State Of Maharashtra … Respondent
__________________________________________________________
Mr. Mohammad Shayan Usmani a/w Sakshi Baadkar, for the
Applicant.
Mrs. Anuja Gotad, APP for the Respondent – State.
API Manoj Vishwasrao Thakare, Khopoli Police Station, is present.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 17th June, 2026.
P.C. :
1. Heard Mr. Mohammad Shayan Usmani, learned Advocate
for the Applicant and Mrs. Anuja Gotad, learned APP for the
Respondent – State.
2. By the present Application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 the Applicant is seeking
bail in Crime No. 107 of 2024 registered at Khopoli Police Station,
Raigad, for the offences punishable under Section 302, 201, 120-B
read with Section 34 of the Indian Penal Code, 1860. The said
crime is registered as Sessions Case No. 75 of 2024, pending
before the learned Additional Sessions Judge, Panvel Division,
Arjun 1
14-BA-2257-2026.doc
Raigad.
3. After having heard the matter for some time, Mr.
Mohammad Shayan Usmani, learned Advocate for the Applicant,
on instructions from the Applicant seeks leave to withdraw the
present Application with liberty to file a fresh Bail Application
before the Trial Court in the event of change in circumstances.
4. Mrs. Anuja Gotad, learned APP for the Respondent – State,
does not object to the request made by Mr. Mohammad Shayan
Usmani, learned Advocate for the Applicant.
5. In view of the statement made by Mr. Mohammad Shayan
Usmani, learned Advocate for the Applicant, leave is granted to
withdraw the present Application with liberty as prayed.
6. If a fresh Application is filed before the Trial Court by the
Applicant, same be considered on its own merits and in accordance
with law.
7. Bail Application No. 2257 of 2026 is disposed of as
withdrawn.
Digitally
signed by
ARJUN (ASHWIN D. BHOBE, J.)
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.06.19
11:47:52
+0530 Arjun 2
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