Bombay High Court

KAPIL BHAGWAN PATALEversusSTATE OF MAHARSHTRA AND ANR

Disposal: Disposed Off

Holding

The bail application was disposed of as infructuous because a prior interim order had already addressed the matter.

Summary

Kapil Bhagwan Patale applied for bail in connection with FIR No. 259/2025 alleging offences under sections 103(1), 238, 311, 61(2) r/w 3(5) of the Bombay Police Act, which correspond to IPC sections 302, 201, 397, 120B r/w 34. The applicant’s counsel, Mr. Ramanik Pawar, informed the court that the bail application had become infructuous because an earlier order dated 29 June 2026 in Criminal Interim Application No. 361 of 2026 had already dealt with the matter. The State’s counsel did not oppose the request to dispose of the bail application. The court, noting the applicant’s submission and the lack of opposition, disposed of the bail application. No substantive merits of the bail request were examined as the matter was deemed already concluded by the interim order.

Issues considered

Whether a bail application can be entertained after the applicant has indicated that it is infructuous due to a prior interim order
Whether the prior interim order bars further consideration of the bail application

Legislation cited

Indian Penal Code, 1860 — s. 120B, 201, 302, 34, 397

Subjects

bail
criminal procedure
IPC
withdrawal of application
interim order

Judgment

                                                                                        502-ba-528-2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                        CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:08 +0530                      CRIMINAL BAIL APPLICATION NO. 528 OF 2026

                      Kapil Bhagwan Patale                                   … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                        … Respondents

                      Mr. Ramanik Pawar with Mr. Dinesh Sonarlikar for the
                      Applicant.
                      Dr. A. A. Takalkar, APP for the State.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 22, 2026
                      P.C.:


                      1.      This Application is circulated pursuant to the praecipe dated

                      22nd September 2026. The same is taken on record and marked as 'X'

                      for identification.


                      2.      In view of the request made by Mr. Ramanik Pawar, learned

                      Advocate for the Applicant, this Application was ordered to be placed

                      on the Production Board.


                      3.      By the present Bail Application, the Applicant has sought the

                      following substantive relief:

                              “A. That this Hon'ble court may kindly enlarge the present Applicant on Ball
                              in connection with FIR bearing CR No 259/2025 registered with Radhanagri
                              Police Station, Dist: Kolhapur for offences punishable U/s. 103(1), 238, 311,



                      VRJ                                                                                 1
                                                               502-ba-528-2026.docx


      61(2) r/w. 3(5) OF BNS,) Corresponding to section 302, 201, 397, 120B, r/w.
      34 of Indian Penal Code 1860) on such terms and conditions as this Hon'ble
      Court deems fit and proper;”

4.    Mr. Ramanik Pawar, learned Advocate for the Applicant, submits

that this Bail Application is rendered infructuous in view of the order

dated 29th June 2026 passed by this Court in Criminal Interim

Application No. 361 of 2026 filed in Criminal Bail Application No. 528

of 2026. He tenders a photostat copy of the said order dated 29th June

2026, which is taken on record and marked as 'X-1' for identification.


5.    The request made by Mr. Ramanik Pawar for disposal of this

Criminal Bail Application is not opposed by Dr. A. A. Takalkar, learned

APP for the State.


6.    In view of the statement made by Mr. Ramanik Pawar, learned

Advocate for the Applicant, and for the reasons recorded in the order

dated 29th June 2026 passed in Criminal Interim Application No. 361

of 2026, Criminal Bail Application No. 528 of 2026 is disposed of.




                                               (ASHWIN D. BHOBE, J.)




VRJ                                                                              2

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