Bombay High Court
YOGESH PRAKASH PATILversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The bail application is dismissed as withdrawn.
Summary
The applicant, Yogesh Prakash Patil, filed a bail application before the Bombay High Court. During the hearing, the applicant's counsel sought to withdraw the application, citing the applicant's father's serious illness. The court noted that the withdrawal was permissible and that the applicant could re‑file a bail application before the trial court if needed. The court declined to consider the merits of the bail request, emphasizing that the withdrawal obviated any substantive discussion. It directed that any future bail application be dealt with expeditiously by the trial court, given the humanitarian circumstances. Consequently, the bail application was dismissed as withdrawn.
Issues considered
- Whether a bail application can be withdrawn by the applicant
- Whether the court must consider the merits of a bail application once withdrawn
Subjects
- bail
- withdrawal
- criminal procedure
- expeditious trial
- humanitarian grounds
Judgment
49.BA.2421.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2421 OF 2026
Yogesh Prakash Patil .. Applicant
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Saakshat Relekar a/w. Ms. Kalpana Chate and Mr. Bharat
Shinde, Advocates for Applicant.
Ms. Shilpa G. Talhar, APP for Respondent No.1 – State.
Mr. Amit Icham, Advocate for Respondent No.2.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 10, 2026.
P.C.:
1. Heard Mr. Relekar, learned Advocate for Applicant; Ms.
Talhar, learned APP for Respondent No.1 – State and Mr. Icham,
learned Advocate for Respondent No.2.
2. Pursuant to the order dated 09.09.2026, today Mr. Relekar,
on taking instructions from the learned Advocate on record
representing the Applicant would inform the Court that Applicant be
allowed to withdraw the present Application with liberty to Applicant
to approach the learned Trial Court in accordance with law. That
liberty is always available and open to Applicant.
3. Mr. Relekar persuades the Court to consider one more
submission. He would submit that parents of Applicant are both
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49.BA.2421.2026.doc
present in Court and the father of Applicant is suffering from cancer.
The same has already been considered when the matter was fully
argued yesterday by Mr. Relekar and only thereafter the Court
expressed its disinclination on the merits of the matter. Considering
that the Bail Application is withdrawn, I do not deem it necessary to
deal with any of the merits of the matter herein.
4. All contentions of Applicant are otherwise kept open to
enable the Applicant to file an appropriate Bail Application as available
to Applicant in accordance with law.
5. In the event if Applicant files Bail Application before the
Trial Court in accordance with law, in view of the exigency mentioned
by Mr. Relekar regarding the parents of Applicant, the Trial Court shall
decide the said Bail Application in an expeditious manner.
6. In view of the above, Bail Application is dismissed as
withdrawn.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.10
20:33:06 +0530
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