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Bombay High Court

SHITAL VAIBHAV MAGARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application with liberty to file a fresh application later.

Summary

The applicant, Shital Vaibhav Magar, filed a criminal bail application (No. 513 of 2026) seeking release on bail in connection with FIR No. 241 of 2023. During the hearing, the applicant’s counsel requested permission to withdraw the bail application, reserving the right to file a fresh application before the trial court if circumstances change. The State’s counsel did not oppose the withdrawal. The Court, after noting the request, granted leave to withdraw the bail application and directed that any future application be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a criminal bail application may be withdrawn at the request of the applicant.
  • Whether the court can grant liberty to file a fresh bail application before the trial court.

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • high court
  • procedural law

Judgment

                                                           24-BA-513-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                        CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL BAIL APPLN. NO. 513 OF 2026

Shital Vaibhav Magar                                   … Applicant
                        Versus
The State of Maharashtra & Anr.                        … Respondents


                                   ——————
Ms. Archana Gaikwad a/w. Mr. Anilkumar T. Matle for the Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
Officer : HC/138 Mr. Bhosale, Sangola Police Station, present.
                                   ——————

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   8th September 2026.

PER COURT :


1.    Heard Ms. Archana Gaikwad, learned Advocate for the Applicant and

Dr. Takalkar, learned APP for the Respondents-State.


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

substantive reliefs :


         “a) This Hon'ble Court may kindly enlarge the Applicant on Bail,
              in connection with C. R. (FIR) No. 241 of 2023 registered at
              Sangola Police Station, Solapur on such terms and conditions
              as this Hon'ble Court may deem fit and proper.”


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                                                                                 24-BA-513-2026 (CR).docx


                       3.     After having heard the matter for some time, Ms. Archana Gaikwad,

                       learned Advocate for the Applicant sought a pass over. At her request, the

                       matter was taken up after some time.


                       4.     Ms. Archana Gaikwad, learned Advocate for the Applicant, on

                       instructions from the Applicant, seeks leave to withdraw the present Bail

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

                       in the event of change in circumstances.


                       5.     Dr. Takalkar, learned APP for the Respondents-State does not oppose

                       the said request.


                       6.     In view of the statement made by Ms. Archana Gaikwad, learned

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

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

                       in the event of change in circumstances.


                       7.     If such an Application is filed, the same be considered on its own

                       merits and in accordance with law.


                       8.     Criminal Bail Application No. 513 of 2026 stands disposed of as

                       withdrawn.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
                                                              [ ASHWIN D. BHOBE, J. ]
           2026.09.08
           19:46:04
           +0530




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