Bombay High Court

MARUTI SHIVAPPA BELAJversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application and allowed the applicant to file a fresh bail application after nine months or upon failure of the prosecution to examine the nine remaining witnesses.

Summary

The applicant, Maruti Shivappa Belaj, filed a bail application in the High Court concerning a criminal case (FIR No. 156 of 2024) pending before the Additional Sessions Judge, Gadhinglaj. The prosecution had examined five witnesses and indicated it would examine nine more within nine months, after which the applicant could seek fresh bail. The applicant’s counsel requested permission to withdraw the current bail application and to file a fresh one after the nine-month period or if the prosecution failed to examine the remaining witnesses. The State’s counsel did not oppose this request. The Court granted liberty to withdraw the bail application and to file a fresh application after the stipulated period or upon failure of the prosecution to complete witness examination, and disposed of the present application as withdrawn.

Issues considered

Whether the bail application may be withdrawn with liberty to file a fresh application after the prosecution completes examination of remaining witnesses or after a specified period.

Subjects

bail
withdrawal of bail application
witness examination
criminal procedure
High Court

Judgment

25-BA-515-2026 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 515 OF 2026

Maruti Shivappa Belaj … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

-----
Ms. Archana Gaikwad i/b. Mr. Anilkumar T. Matle for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondents-State.
Officer : ASI Ashok M. Patil, Gadhinglaj 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

Mr. Nitin Patil, learned APP for the Respondents-State.

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

substantive relief :

“a. This Hon'ble Court may kindly enlarge the Applicant on Bail, in
connection with C. R. (FIR) No. 156 of 2024 registered at
Gadhinglaj Police Station, Kolhapur on such terms and
conditions as this Hon'ble Court may deem fit and proper.”

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3. Ms. Archana Gaikwad, learned Advocate for the Applicant, states that

Crime No. 156 of 2024 is registered as Sessions Case No. 16 of 2024 and is

pending before the Additional Sessions Judge, Gadhinglaj (“Trial Court”), for

trial.

4. At the outset, Mr. Nitin Patil, learned APP for the Respondent-State, on

instructions from the Investigating Officer in Crime No. 156 of 2024

registered with Gadhinglaj Police Station, states that the prosecution has, to

date, examined five (5) prosecution witnesses in Sessions Case No. 16 of

2024. He further, on instructions from the Investigating Officer, states that

although the prosecution has enlisted twenty-five (25) witnesses, it intends to

restrict the number of witnesses to be examined in Sessions Case No. 16 of

2024 to nine (9) more. He submits that these nine (9) witnesses will be

examined within nine (9) months from the next date fixed in Sessions Case

No. 16 of 2024 (i.e. 9 th September 2026). He submits that upon completion

of the examination of these nine (9) witnesses, the Applicant may be granted

leave to file a fresh Bail Application before the Trial Court.

5. Based on the statement made by Mr. Nitin Patil, learned APP for the

Respondents-State, as recorded in the preceding paragraph, Ms. Archana

Gaikwad, learned Advocate for the Applicant, on instructions from the

Applicant, seeks leave to withdraw the present Bail Application and to file a

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fresh Bail Application in Sessions Case No. 16 of 2024, upon the examination

of the further nine (9) witnesses as stated by Mr. Nitin Patil. She requests

liberty to file the fresh Bail Application after a period of nine (9) months from

9th September 2026, in the event the prosecution fails to examine the said

nine (9) witnesses.

6. Mr. Nitin Patil, learned APP for the Respondents-State, does not oppose

the liberty request made by Ms. Archana Gaikwad, learned Advocate for the

Applicant.

7. Prosecution in Sessions Case No. 16 of 2024 to abide by the statement

made by Mr. Nitin Patil, learned APP for the Respondents-State.

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

Advocate for the Applicant, leave is granted to withdraw this Bail Application

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

examination of the further nine (9) witnesses in Sessions Case No. 16 of

2024, as stated by Mr. Nitin Patil, learned APP for the Respondents-State, or

upon expiry of the period of nine (9) months from 9 th September 2026, if the

prosecution is unable to complete the examination of the said nine (9)

prosecution witnesses.

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9. If a fresh bail application is filed before the Trial Court after the period

referred to in the preceding paragraph, the same be considered on its own

merits and in accordance with law.

10. Criminal Bail Application No. 515 of 2026 is disposed of as withdrawn.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.09
13:16:07
+0530

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