Bombay High Court

ABHIJEET MARUTI PATILversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application if circumstances change.

Summary

The applicant, Abhijeet Maruti Patil, filed a criminal bail application seeking release under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (corresponding to Section 439 of the CrPC) for offences under sections 103(1), 238, 311 and 3(5) of the B.N.S. 2023. While the matter was being heard, the applicant's counsel, Mr. Satyavrat Joshi, requested a brief adjournment to consult the client. Subsequently, the counsel sought leave to withdraw the bail application, stating that a fresh application could be filed before the trial court if circumstances changed. The State's counsel did not oppose the withdrawal. The Court granted the request, allowing the applicant to withdraw the bail application with liberty to re‑apply later, and ordered the application to be disposed of as withdrawn.

Issues considered

What is the court's authority to permit the withdrawal of a criminal bail application and to grant liberty to re‑file a fresh application upon a change in circumstances?

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 103(1), 238, 311, 3(5), 483

Subjects

bail
withdrawal of application
criminal procedure
B.N.S.
Section 483
Section 439
change in circumstances

Judgment

                                                                                    28 - BA - 456 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION

VAIBHAV
RAMESH
                                    CRIMINAL BAIL APPLICATION NO. 456 OF 2026
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.08.18
20:50:51 +0530
                      Abhijeet Maruti Patil                                 …Applicant
                                  V/s.
                      State of Maharashtra And Anr.                         …Respondents

                      Mr. Satyavrat Joshi (through V.C.) with Mr. Vaibhav Halake
                      and Mr. Sairaj Suryawanshi for the Applicant.
                      Ms. Ashvini A. Takalkar, APP for the State-Respondents.
                      N. M. Khot, PSI, Radhanagri Police Station, Kolhapur is
                      present.



                                              CORAM : ASHWIN D. BHOBE, J.

                                              DATED      : AUGUST 18, 2026
                      P.C.:


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

                      following substantive relief:

                              “(a) That this Hon’ble Court may be pleased to exercise its power under
                              Section 483 of the Bhartiya Nagarik Suraksha Sanhita (in correspondence to
                              Section 439 of Code of Criminal Procedure) and may be pleased to grant Bail
                              to the Applicant in connection with C.R.No.259 of 2025 registered with
                              Radhanagri Police Station, Dist-Kolhapur for the offences punishable under
                              section 103(1), 238, 311 & 3(5) of B.N.S. 2023”.



                      2.      After having heard the matter for some time, Mr. Satyavrat Joshi,

                      learned Advocate for the Applicant, sought a passover to take

                      instructions from the Applicant. At his request, the matter was taken up

                      after some time.




                      VRJ                                                                                  1
                                                      28 - BA - 456 - 2026.docx


3.    Mr. Satyavrat Joshi and Mr. Vaibhav Halake, learned Advocates

for the Applicant, on instructions from the Applicant, seek leave to

withdraw the present Bail Application, with liberty to file a fresh Bail

Application before the Trial Court in the event of a change in

circumstances. This request is not opposed by Dr. Ashvini A. Takalkar,

learned APP for the State.


4.    In view of the statement made by Mr. Satyavrat Joshi, learned

Advocate for the Applicant, leave is granted to withdraw the Application

with liberty as prayed.


5.    If a fresh Bail Application is filed before the Trial Court on the

ground of change in circumstances, the same be considered on its own

merits and in accordance with law.


6.    Criminal Bail Application No. 456 of 2026 is disposed of as

withdrawn.



                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                          2

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