Bombay High Court
SOMNATH RAMCHANDRA KONDALKARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The bail application is dismissed as the applicant does not need any specific leave or liberty to approach the court again.
Summary
The applicant, Somnath Ramchandra Kondalker, filed a bail application before the Bombay High Court. The applicant's counsel initially sought to keep the matter pending to obtain further instructions and later requested to withdraw the application while seeking leave and liberty to approach the court again. The court observed that such leave and liberty are inherently available to the applicant and no specific permission is required. Consequently, the court dismissed the bail application, noting that the applicant may approach the court on any subsequent day as a separate cause of action. The dismissal was recorded without any order granting bail.
Issues considered
- Whether the bail application should be granted to the applicant
- Whether the applicant requires specific leave and liberty to approach the court again
Subjects
- bail
- criminal procedure
- leave and liberty
- high court
- application dismissed
Judgment
36.BA.3534.2025.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3534 OF 2025
Somnath Ramchandra Kondalkar .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Kuldeep Patil a/w. Mr. Sumitkumar Nimbalkar, Advocates for
Applicant.
Ms. Anuja S. Gotad, APP for Respondent.
Ms. Lisa Das, Advocate i/by Jay & Co. for Respondent No.2 /
Intervenor.
PSI – Aashish Nehete, Nashik Road Police Station.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 18, 2026
P.C.:
1. Heard Mr. Patil, learned Advocate for Applicant; Ms. Gotad,
learned APP for Respondent – State and Ms. Disa, learned Advocate for
Respondent No.2 / Intervenor.
2. After hearing Mr. Patil and expressing my disinclination to
grant present Application, Mr. Patil had persuaded the Court to keep
back the matter to enable him to obtain instructions.
3. He has later on addressed the Court in the course of the day
that Applicant would like to withdraw the present Application subject
to leave and liberty be granted to Applicant to approach this Court in
accordance with law.
4. That leave and liberty is always available to the Applicant in
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36.BA.3534.2025.doc
accordance with law and for that reason no specific liberty is required
to be granted. Every passing day would amount to a separate cause of
action for Applicant to approach this Court.
5. Reserving that leave and liberty to Applicant, Bail
Application is dismissed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.20
14:59:30 +0530
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