Created by Fuzzy Cloud

Bombay High Court

SHIVAM DADHAV FULAVALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

A bail application may be withdrawn, permitting the applicant to file a fresh application before the appropriate court.

Summary

Shivam Dadhav Fulavale filed Bail Application No. 3608 of 2026 before the Bombay High Court. The applicant's counsel, Ms. Pooja Agarwal, informed the Court that there was a mistake in the prayer clause of the application and sought to withdraw it and file a fresh bail application. The Court considered whether a bail application could be withdrawn and a new one filed before the appropriate roaster Court. It held that the applicant was entitled to withdraw the pending application and seek relief through a fresh filing. Accordingly, the bail application was allowed to be withdrawn and was disposed of.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn and a fresh application filed in accordance with law.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • High Court
  • application correction

Judgment

                                                                                3. BA 3608-2026.doc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                          BAIL APPLICATION NO. 3608 OF 2026

                      Shivam Dadhav Fulavale                               .Applicant

                                    Vs.

                      The State of Maharashtra                             .Respondent

                      Ms. Pooja Agarwal, Advocate, for the Applicant
         Digitally
         signed by
                      Ms. Sangeeta Phad, APP, for the Respondent – State
         ANAND
ANAND    SUDHAKAR     Mr. Aniket Nikam a/w. Mr. Hrishi Ghorpade, Mr. Siddharth Sutaria &
SUDHAKAR SUDAME
SUDAME   Date:
         2026.09.30
                      Mr. Yashraj Pansare, Advocates, for Respondent No. 2
         12:43:11
         +0530

                                           CORAM : MILIND N. JADHAV, J.

                                           DATE     : 28.09.2026
                      P. C.

                      1.      List the matter before the appropriate Bench in view of prayer

                      clause (a).

                      2.      After this order is passed, learned Advocate for the Applicant

                      informs the Court that she would like to withdraw the Application and

                      file a fresh Application in accordance with law.

                      3.      Ms. Agarwal submits that there is a mistake in the prayer clauses

                      and she would like to rectify the same and file a fresh Bail Application

                      before the concerned roaster Court.

                      4.      Bail Application is allowed to be withdrawn with the aforesaid

                      liberty.

                      5.      Bail Application is disposed.

                                                                         (MILIND N. JADHAV, J.)
                      Anand                               1 of 1


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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