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- Disposed off as Withdrawn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 Consequently, the bail application was disposed of as withdrawn.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- Whether a criminal bail application may be withdrawn at the request of the applicant.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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