Bombay High Court

KIRAN RAOSAHEB JAREversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The bail application is disposed of as withdrawn, with liberty granted to file a fresh application before the trial court if the trial is not completed within one year.

Summary

Kiran applied for bail before the Bombay High Court, Aurangabad Bench, challenging his detention by the State of Maharashtra. The court appeared reluctant to grant bail, prompting the applicant's counsel to seek permission to withdraw the application while reserving the right to file a fresh bail petition before the trial court if the trial does not conclude within a year. The bench granted the request, ordering the bail application to be treated as withdrawn and allowing the applicant to re‑file later under the stipulated condition. The court also quantified the fees for the respondent's counsel, Ms. Priyanka Kale, at Rs.6,000 to be paid through the High Court Legal Services Sub‑Committee. The matter was thus disposed of without a substantive decision on bail.

Issues considered

What procedural steps are required for withdrawing a bail application while preserving the right to re‑file?

Subjects

bail
withdrawal
high court
procedural liberty
legal services fee

Judgment

                                                                   901-BA-378-26.odt
                                         1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD
                    901 BAIL APPLICATION NO. 378 OF 2026

                           Kiran S/o. Raosaheb Jare
                                VERSUS
                    The State Of Maharashtra And Another
                                      ......
Mr. Sachin S. Panale, Advocate for Applicant
Mr. D.J. Patil, AGP for Respondent No.1-State
                                      ......

                                  CORAM : SIDDHESHWAR S. THOMBRE, J.
                                  DATE       : 22 JUNE, 2026
PER COURT :

1.         Heard learned counsel Mr. S.G. Deshmukh for the applicants and
learned AGP for respondent No.1-State.


2.         After hearing for some time, when this Court shows disinclination to
grant relief, the learned counsel for the applicant, on instructions, seeks
leave to withdraw the application with liberty to file fresh bail application
before the Trial Court, if the Trial would not completed within one year from
today.


3.         Leave granted.

4.         The Bail Application stands disposed of as withdrawn with liberty as
prayed for.

5.         Fees of the learned advocate Ms. Priyanka Kale appointed to
represent respondent No.2 is quantified at Rs.6,000/- and the same shall be
paid through the High Court Legal Services, Sub-Committee, Aurangabad.



                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE
S P Rane

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