Bombay High Court

PRAKASH GANPAT HARCHILKARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The appellate court allowed the withdrawal of the bail application and directed the applicant to file a fresh bail application before the trial court, with an order for expeditious disposal.

Summary

The applicant, Prakash Ganpat Harchilkar, filed a bail application in the Bombay High Court seeking release on charges of murder, kidnapping and abetment under IPC sections 302, 397 and 201. The State objected, citing a prior order that bail must be applied for before the trial court. The applicant’s counsel requested permission to withdraw the present application and file a fresh one before the trial court within ten days, noting that the trial had not progressed since 2025. The State did not oppose the request. The Court granted leave to withdraw the bail application, directed the applicant to file a fresh application before the trial court, and instructed that the trial court dispose of it within four weeks of the first hearing. Consequently, the bail application No. 541 of 2026 was marked withdrawn.

Issues considered

Whether the appellate court can grant bail when a prior order mandates that bail be sought before the trial court.
Whether the applicant may withdraw the pending bail application and re‑file a fresh application before the trial court.
What timeline the trial court should follow in disposing of the fresh bail application.

Legislation cited

Indian Penal Code, 1860 — s. 201, 302, 397

Subjects

bail
criminal procedure
Indian Penal Code
withdrawal of application
trial court jurisdiction
expeditious disposal

Judgment

                                                                                     31 - BA - 541 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION

VAIBHAV
RAMESH
JADHAV
                                    CRIMINAL BAIL APPLICATION NO. 541 OF 2026
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.16
17:16:14 +0530

                      Prakash Ganpat Harchilkar                              … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                        … Respondents

                      Mr. Sangram Desai for the Applicant.
                      Mr. N. B. Patil, APP for the State.
                      Mr. Om Aghav, PSI, Chiplun Police Station is present.



                                                         CORAM        : ASHWIN D. BHOBE, J.

                                                         DATED        : SEPTEMBER 15, 2026
                      P.C.:


                      1.      By the present Application, the Applicant has sought the

                      following substantive relief:


                              “a. That this Hon'ble Court be pleased to grant Bail to the Applicant, in
                              connection with the F.I.R. bearing no. 45 of 2024 dated 23/02/2024 for the
                              offences punishable u/s sections 302, 397 and 20 1 of the Indian Penal Code.
                              1860;
                              b. Since the Applicant is in Special prison, Ratnagiri the Affidavit and
                              Verification of the Applicant may be dispensed with;
                              c. For such further and other reliefs as the nature and circumstances of the
                              case may require.”




                      2.      Mr. N. B. Patil, learned APP for the State, refers to the order dated

                      29th September 2025 passed by this Court in Criminal Bail Application

                      No. 859 of 2025 and submits that in the event the Applicant intends to




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                                                          31 - BA - 541 - 2026.docx


avail the liberty granted in the said order, the same has to be availed at

the first instance before the Trial Court.


3.       Faced with the said objection, Mr. Sangram Desai, learned

Advocate for the Applicant, on instructions, seeks leave to withdraw the

present Bail Application with liberty to file a fresh Bail Application

before the Trial Court. He, however, submits that since 2025 there has

been no progress in the trial of the pending Sessions Case and,

therefore, requests for a direction to the Trial Court to dispose of the

Bail Application that the Applicant proposes to file expeditiously. He

submits that the fresh Bail Application would be filed before the Trial

Court within a period of 10 days from today.


4.       This request is not opposed by Mr. N. B. Patil, learned APP for the

State.


5.       In view of the statement made by Mr. Sangram Desai, learned

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

Bail Application and to approach the Trial Court by filing a fresh Bail

Application in terms of the liberty granted by this Court in its order

dated 29th September 2025 in Criminal Bail Application No. 859 of

2025.


6.       If a fresh Bail Application is filed before the Trial Court within a

period of 10 days from today, then the Trial Court is requested to make




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                                                    31 - BA - 541 - 2026.docx


an endeavour to dispose of the same, after hearing the concerned

parties, expeditiously, on its own merits and in accordance with law,

and at any rate within a period of four weeks from the first date of

hearing in the bail application.


7.    Criminal Bail Application No. 541 of 2026 stands disposed of as

withdrawn.


                                        (ASHWIN D. BHOBE, J.)




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