Created by Fuzzy Cloud

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

                                                                                    1 of 2
                                                                                     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




                                                                                                  2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.