Bombay High Court

AKASH ALIAS AKSHAY ANANDA MALIversusSTATE OF MAHARASHTRA AND ANR

Disposal: Dismissed as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and permitted the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Akash Alias Akshay Ananda Mali, filed a bail application (No. 354 of 2026) seeking release in C.R. No. 301/2024, relying on the parity ground because co-accused No.5 had been granted bail. The respondent, State of Maharashtra, objected, arguing that invoking parity after a change in circumstances would amount to filing a fresh bail application before the trial court. The applicant's counsel, Mr. Priyal Sarda, then sought permission to withdraw the present application and file a fresh one, raising all grounds including parity. The respondent did not oppose this request. The Court, after noting the applicant's intention, granted leave to withdraw the bail application with liberty to file a fresh application before the trial court, directing that any new application be considered on its merits, and disposed of the present application as withdrawn.

Issues considered

Whether a bail application seeking release on the ground of parity can be withdrawn and a fresh application filed before the trial court.
Whether reliance on a prior bail order for another accused constitutes a change in circumstances justifying a fresh bail application.

Subjects

bail
parity
withdrawal
fresh bail application
criminal procedure

Judgment

                                                             22-BA-354-2026.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO. 354 OF 2026
Akash Alias Akshay Ananda Mali                             … Applicant
      Versus
State of Maharashtra And Anr.               … Respondents
__________________________________________________________
Mr. Priyal Sarda (through VC), a/w Onkar Bajaj, for the Applicant
Mrs. S. N. Deshmukh, APP for the Respondent – State.
__________________________________________________________

                                 CORAM : ASHWIN D. BHOBE, J.
                                  DATE : 18th August, 2026.
P.C. :


1.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause (b):-


           (b)      The Applicant may be released on bail in C.R.
           No. 301/2024 registered with Juna Rajwada Police Station,
           Kolhapur on such terms and conditions which the Hon’ble
           Court deem fit;


2.       Mr. Priyal Sarda, learned Advocate for the Applicant

submits that Prashant Sambhaji Shinde (Accused No. 5) has been

released on bail by this Court and therefore the Applicant is

seeking bail on the ground of parity.




Arjun                              1
                                                        22-BA-354-2026.doc



3.      Mrs. S. N. Deshmukh, learned APP, submits that the if the

Applicant is seeking bail on the ground of parity by relying on the

order dated 17.03.2026 passed in Criminal Bail Application No. 1

of 2026, the same would amount to change in circumstances

giving a cause to the Applicant to file a fresh Bail Application

before the Trial Court.



4.      Faced with the said objection, Mr. Priyal Sarda, learned

Advocate for the Applicant seeks leave to withdraw the present

Bail Application with liberty to file a fresh Bail Application before

the Trial Court by raising all grounds including the grounds of

parity by relying on the order dated 17.03.2026 passed in Criminal

Bail Application No. 1 of 2026.



5.      The request made by Mr. Priyal Sarda, learned Advocate for

the Applicant, is not opposed by Mrs. S. N. Deshmukh, learned

APP for the Respondent – State.



6.      In view of the statement made by Mr. Priyal Sarda, learned

Advocate for the Applicant, leave is granted to withdraw the

present Bail Application with liberty as prayed.



Arjun                             2
                                                                22-BA-354-2026.doc



         7.      If a fresh Bail Application is filed before the Trial Court,

         same be considered on its own merits and in accordance with law.



         8.      Criminal Bail Application No. 354 of 2026 is disposed of as

         withdrawn.



                                                    (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.08.21
        10:56:02
        +0530




         Arjun                          3

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