Bombay High Court
SACHIN RUDRAPPA BALLOLLIversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Dismissed as Withdrawn
Holding
The Court granted leave to withdraw the bail application and directed that a fresh application be filed before the trial court.
Summary
The applicant, Sachin Rudrappa Ballolli, filed a bail application in the Bombay High Court seeking release on bail in a murder case (C.R. No.20/2023) under Sections 302 and 34 IPC. The State counsel cited an earlier High Court order (22 September 2025, Criminal Bail Application No.2864 of 2025) that required the applicant to first approach the trial court. The applicant’s counsel requested permission to withdraw the present bail application and file a fresh one before the trial court, a request unopposed by the State. The Court granted leave to withdraw the application, directing that any fresh bail application be considered on its own merits by the trial court. Consequently, the bail application No.472 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the applicant may withdraw the pending bail application and file a fresh bail application before the trial court as per the earlier High Court order.
Subjects
- bail
- withdrawal
- criminal procedure
- Section 302 IPC
- Section 34 IPC
- High Court
- trial court
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL (30) BA-472.26.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.18
18:52:31 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.472 OF 2026
Sachin Rudrappa Ballolli : Applicant.
Versus
The State of Maharashtra and anr. : Respondents
______________________________________________________
Mr. Viraj Vikramsingh Nalawade for the Applilcant.
Ms. Shubhangi Deshmukh, APP for the Respondent Nos. 1 & 2 –
State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 18 AUGUST 2026
PC:-
1. Heard Mr. Viraj V. Nalawade, learned Advocate for the
Applicant.
2. By the present Bail Application, the Applicant has sought for
the following substantive relief :-
(b) The accused Applicant above named may please be
released on bail, in connection with Jath Police station in
the C. R. No.20/2023 registered under section 302, 34 IPC,
on such terms and condition as this Hon’ble court may
deem fit and proper.
3. Ms. Shubhangi Deshmukh, learned Advocate for the
Respondents – State refers to the order dated 22 September 2025
passed by this Court in Criminal Bail Application No. 2864 of 2025
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(30) BA-472.26.DOCX
and submits that the liberty granted by this Court is required to be
availed before the Trial Court at first instance.
4. Faced with the said objection, Mr. Viraj Nalawade, learned
Advocate for the Applicant, on instructions from the Applicant,
seeks leave to withdraw this Bail Application to approach the Trial
Court in terms of the liberty granted by this Court vide order dated
22 September 2025 passed in Criminal Bail Application No.2864 of
2025. This request is not opposed by Ms. Shubhangi Deshmukh,
learned APP for the Respondents – State.
5. In view of the statement made by Mr. Viraj Nalawade,
learned Advocate for the Applicant, leave is granted to withdraw
this Bail Application to file a fresh Bail Application before the Trial
Court in terms of the liberty granted by this Court vide order dated
22 September 2025 passed in Criminal Bail Application No.2864 of
2025.
6. If a fresh Bail Application is filed before the Trial Court, the
same be considered on its own merits and in accordance with law.
7. Criminal Bail Application No.472 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
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