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Bombay High Court

KOMAL DURYODHAN MINDHEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

The High Court directed that the fresh bail application be filed before the trial court and ordered its disposal within 15 days, thereby disposing the present application as withdrawn.

Summary

The applicant, Komal Duryodhan Mindhe, sought bail after a prior bail application was dismissed on 02.02.2026 with a direction to re‑apply after six months. The applicant’s counsel argued that the earlier order was not specific and that the fresh application could be filed before the High Court. The respondent’s counsel contended that the applicant should approach the trial court as per the earlier direction. The High Court, noting that the applicant is a woman, directed that any fresh bail application be filed before the trial court and ordered that the trial court dispose of it within 15 days of filing. The present bail application before the High Court was consequently marked as withdrawn.

Issues considered

  • Whether the applicant may file a fresh bail application before the High Court despite the earlier order directing filing before the trial court
  • Whether the High Court can direct the trial court to dispose of a bail application within a specified time frame

Subjects

  • bail
  • high court
  • trial court
  • direction
  • woman
  • withdrawal

Judgment

                                                                  9.BA.3321.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3321 OF 2026

       Komal Duryodhan Mindhe                              .. Applicant
             Versus
       State of Maharashtra                                .. Respondent

                                   ....................
        Mr. Aniket Vagal a/w. Ms. Juhi Kadu, Ms. Savvy Kolhekar and Mr.
         Aditya Singh, Advocates for Applicant.
        Ms. Sangeeta E. Phad, APP for Respondent – State.
        PSI – Mr. S.T. Tonde, Daund Police Station present.
                                     ......…...........

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE         : AUGUST 31, 2026.

       P.C.:

       1.        Heard Mr. Vagal, learned Advocate for Applicant and Ms.

       Phad, learned APP for Respondent – State.


       2.        Mr. Vagal, learned Advocate would persuade the Court to

       hear the present Bail Application seeking the grant of bail. In the

       present case. The Applicant is a woman. However, he draws my

       attention to the order dated 02.02.2026, copy of which is appended at

       Page No.164 of the Application. By virtue of that order, the regular

       Bail Application of the Applicant had been dismissed and disposed of

       with liberty to the Applicant to withdraw the said Application and file

       a fresh Bail Application after six months. Mr. Vagal would persuade me

       to consider the present Application in the light of the said directions.


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3.        Ms. Phad, learned APP would persuade me to consider the

fact that the said directions, if made explicit, would enable the

Applicant to file the Bail Application before the Trial Court and in that

view of the matter, the Applicant ought to have approached the Trial

Court, rather than move this Court. Though Mr. Vagal would otherwise

contend that there is no specificity in the order dated 02.02.2026 and

the Applicant would be within her right to file the Application seeking

bail before this Court, I have expressed my mind to Mr. Vagal.


4.        Mr. Vagal, in his usual fair-mindedness would persuade me

to pass appropriate orders with certain directions for disposing of the

Bail Application by the Trial Court expeditiously.        In view of the

request made by Mr. Vagal, I am inclined to accept the request made

by him as I agree with the same.


5.        It is directed that if the Applicant files Bail Application before

the Trial Court, I direct the concerned Trial Court to dispose of the said

Bail Application as expeditiously as possible and in any event within a

period of 15 days from the date of filing of the same. Mr. Vagal

informs the Court that the Bail Application shall be filed before the

Trial Court immediately.


6.        This order is passed on the ground that the Applicant before

the Court is a woman and only on that consideration, without

expressing anything on the merits of the matter.


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                                  7.        All contentions of the Applicant are expressly or otherwise

                                  kept open in the Bail Application that may be filed by her.


                                  8.        Bail Application is disposed as withdrawn.



                                                                            [ MILIND N. JADHAV, J. ]

        Ajay
               Digitally signed
               by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.08.31
               20:43:36 +0530




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