Bombay High Court

MAYA PANDU SHINDEversusTHE STATE OF MAHARASHTRA

Decided: 22 June 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The court permitted the withdrawal of the present bail application and directed that a fresh bail application may be filed after the material witnesses are examined.

Summary

Maya Pandu Shinde applied for bail in a criminal case involving offences under Sections 80, 85, 115(2), 352, 351(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant, through counsel, sought to withdraw the present bail application and obtain liberty to file a fresh bail application after the material witnesses, Ganesh Namdeo Kunagar and the complainant Tejas Ganesh Kunagar, are examined by the trial court. The State opposed the withdrawal but indicated that it would complete the witness examination within two months. The High Court allowed the withdrawal of the current bail application, granted liberty to file a fresh application before the trial court, and disposed of the present bail application.

Issues considered

Whether a bail application may be withdrawn and a fresh application filed pending examination of material witnesses
Whether bail should be granted pending trial in the circumstances of the case

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 351(3), 352, 80, 85

Subjects

bail
criminal procedure
witness examination
withdrawal of application
Bharatiya Nyaya Sanhita

Judgment

                                                          24-BA-2414-2026.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   BAIL APPLICATION NO. 2414 OF 2026

Maya Pandu Shinde                                  … Applicant
         Versus
The State of Maharashtra                           … Respondent
                                      ---

Ms. Sanika Thakare, Advocate for Applicant.
Mr. Sukanta Karmakar, APP for the Respondent/State.
Mr. I. R. Sayyed – ASI, Manmad City Police Station, Nashik.
                               ---

                                 CORAM : ASHWIN D. BHOBE, J.
                                  DATE      : 22nd JUNE, 2026

P.C. :

1.               Heard Ms. Sanika Thakare, learned Advocate for the

Applicant and Mr. Sukanta Karmakar, learned APP for the State.



2.               By the present Application, the Applicant is seeking

bail in Crime No. 493 of 2025 dated 14.08.2025 registered with

Manmad City Police Station, Nashik for the offences punishable

under Sections 80, 85, 115(2), 352, 351(2), 351(3) read with

Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.


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3.               After hearing the matter for some time, Ms. Sanika

Thakare, learned Advocate for the Applicant, sought a passover to

take instructions from the Applicant. At her request, the matter

was taken up after some time.



4.               Ms. Sanika Thakare,      learned Advocate for the

Applicant, on instructions from the Applicant, seeks leave to

withdraw the present Bail Application, with liberty to file a fresh

Bail Application before the Trial Court, upon the examination (oral

testimony) of the material witness namely Ganesh Namdeo

Kunagar and the Tejas Ganesh Kunagar (Complainant) are

examined, before the Trial Court.



5.               Mr. Sukanta Karmakar, learned APP for the State, on

instructions submits that the prosecution will positively complete

the examination of Ganesh Namdeo Kunagar and the Tejas Ganesh

Kunagar (Complainant) within two months from 01.07.2026.



6.               In view of the above, leave is granted to withdraw the

present Bail Application with liberty to the Applicant to file a fresh



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                                                          24-BA-2414-2026.doc



Bail Application before the Trial Court upon examination of the

said two material witnesses. If a fresh Application is filed before

the Trial Court, the same be considered on its own merits and in

accordance with law.



7.               Criminal Bail Application No. 2414 of 2026 is disposed

of.



                                              (ASHWIN D. BHOBE, J.)




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