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Bombay High Court

PRANOT SHIVAJI DHANWADEversusTHE STATE 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Disposed off as Withdrawn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 bail application before the trial court.

Summary

The applicant, Pranot Shivaji Dhanwade, filed a bail application seeking release on bail for offences under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Indian Arms Act, 1959. The State objected, stating that any renewal of bail must be made before the trial court. The applicant's counsel requested permission to withdraw the present application and file a fresh bail application before the trial court, citing an earlier order granting such liberty. The State did not oppose this request. The Court granted leave to withdraw the application, directed that any fresh bail application be considered on its merits before the trial court, and disposed of the present application as withdrawn.

Issues considered

  • Whether the bail application can be withdrawn and a fresh bail application filed before the trial court in accordance with the earlier order of this Court.

Legislation cited

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial court
  • BNS
  • Indian Arms Act

Judgment

                                                                 34-BA-492-2026.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 492 OF 2026
Pranot Shivaji Dhanwade                           ...Applicant
      Versus
The State of Maharashtra And Anr.                    ...Respondents
_______________________________________________________________
Mr. Aditya Raktade (through VC) Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
_______________________________________________________________
                                 CORAM : ASHWIN D. BHOBE, J.
                                  DATE : 29th September, 2026.
P.C. :
1.      Heard Mr. Aditya Raktade, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.


2.      By the present Application, the Applicant has sought the

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


          a)         This Hon'ble Court be pleased to release the
          Applicant on Bail connection with F.I.R No. 275/2024
          registered at Kagal Police Station, Kolhapur for an offence
          registered under sections 103(1), 109, 189(2), 189(4), 190,
          191(1), 191(2), 191(3) Of Bhartiya Nyaya Sanhita (BNS),
          2023 and under Section 5, 25 and 27 of Indian Arms Act
          1959. such term and conditions as deems fit and proper to
          this Hon'ble Court

3.      Dr. A. A. Takalkar, learned APP, refers to the order dated

09.10.2025 (Exhibit – F, page no. 234 of the Application paperbook)

and submits that if the Applicant intends to renew his request for bail

then same is to be renewed before the Trial Court at the first instance.



Arjun                               1
                                                                                    34-BA-492-2026.doc



                       4.      Faced with the said objection, Mr. Aditya Raktade, learned

                       Advocate for the Applicant, on instructions from the Applicant, seeks

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

                       Application before the Trial Court in terms of the liberty granted by this

                       Court vide order dated 09.10.2025, passed in Criminal Bail Application

                       No. 3355 of 2025. This request made by Mr. Aditya Raktade, learned

                       Advocate for the Applicant is not opposed by Dr. A. A. Takalkar, learned

                       APP.


                       5.      In view of the statement made by Mr. Aditya Raktade, learned

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

                       Application with liberty to file a fresh Bail Application before the Trial

                       Court in terms of the liberty granted by this Court vide its order dated

                       09.10.2025, passed in Criminal Bail Application No. 3355 of 2025.


                       6.      If a fresh Bail Application is filed by the Applicant before the

                       Trial Court, same be considered on its own merits and in accordance

                       with law.


                       7.      Bail Application No. 492 of 2026 is disposed of as withdrawn.




                                                                      (ASHWIN D. BHOBE, J.)
          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.01
          10:57:52
          +0530

                       Arjun                             2


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