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- Disposed off as Withdrawn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fresh bail application be considered on its merits before the trial court, and disposed of the present application as withdrawn.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- Whether the bail application can be withdrawn and a fresh bail application filed before the trial court in accordance with the earlier order of this Court.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
- Arms Act, 1959 — s. 25, 27, 5
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 189(2), 189(4), 190, 191(1), 191(2), 191(3)
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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