Bombay High Court
ANIKET ALIAS SANI SHRINIVAS SONTAKKEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Dismissed as Withdrawn
Holding
The Court granted leave to withdraw the bail application, allowing the applicant to file a fresh bail application before the trial court.
Summary
The applicant, Aniket alias Sani Shrinivas Sontakke, filed a criminal bail application in the Bombay High Court, Circuit Bench at Kolhapur. The State counsel informed the Court that the investigation in Crime No.311 of 2026 was complete and a charge-sheet would be filed by 24 August 2026. On this basis, the applicant's counsel sought permission to withdraw the pending bail application and file a fresh one before the trial court after the charge-sheet, citing the applicant's chronic kidney disease and the need for prompt medical treatment. The State counsel did not oppose the withdrawal and acknowledged the applicant's health condition. The Court granted leave to withdraw the bail application and ordered it to be marked as withdrawn, allowing the applicant to approach the trial court with a fresh application within three days of the charge-sheet filing.
Issues considered
- Whether a pending criminal bail application may be withdrawn and a fresh bail application filed before the trial court after the charge-sheet is filed.
Subjects
- bail
- withdrawal
- criminal procedure
- charge-sheet
- chronic kidney disease
- trial court
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL (905) BA-551.26.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.18
18:52:31 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.551 OF 2026
Aniket alias Sani Shrinivas Sontakke : Applicant.
Versus
The State of Maharashtra and anr. : Respondents.
______________________________________________________
Mr. Ritesh Thobde a/w Darshan Rajpurohit, Mervin Bardeskar,
Changdev Shingade and P Deshmukh i/by Advocates Divyashree
Dhumal for the Applicant.
Mr. S. S. Choudhari, APP for the Respondents – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 18 AUGUST 2026
PC:-
1. At the outset Mr. S. S. Choudhari, learned APP for the
Respondents – State, submits that the investigation in Crime
No.311 of 2026, registered with Akkalkot Police Station, District
Solapur, is complete and charge-sheet is ready for filing. He states
that the charge-sheet would be filed before the Court having
jurisdiction on or before 24 August 2026.
2. In view of the above statement made by Mr. S. S. Choudhari,
learned APP for the Respondents – State, Mr. Ritesh Thobde,
learned Advocate for the Applicant, on instructions from the
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(905) BA-551.26.DOCX
Applicant, seeks leave to withdraw this Bail Application with
liberty to file a fresh Bail Application before the Trial Court in view
of the subsequent event i.e. charge-sheet being filed. He submits
that as the Applicant is a patient suffering from Chronic Kidney
Disease, a fresh Bail Application would be filed before the Trial
Court within three days from the filing of the charge-sheet and,
makes a request to direct the Trial Court to consider the fresh Bail
Application at the earliest.
3. Mr. S. S. Choudhari, learned APP for the Respondents – State
does not dispute that the Applicant is a patient suffering from
Chronic Kidney Disease and therefore he does not oppose to the
request made by Mr. Ritesh Thobde, learned Advocate for the
Applicant.
4. Statement made by Mr. S. S. Choudhari, learned APP for the
Respondents – State, on instructions from the Investigating Officer,
that the charge-sheet would be filed on or before 24 August 2026
is accepted.
5. In the event the Applicant files a fresh Bail Application
within three days from the filing of the charge-sheet, considering
the Applicant having the ailment as claimed by Mr. Ritesh Thobde,
learned Advocate for the Applicant, the Trial Court is requested to
make an endeavour to dispose of the said Bail Application on its
own merits at the earliest and at any rate within a period of two
weeks from the first date of hearing.
6. It is clarified that in view of the statement made by Mr. S. S.
Choudhari, learned APP for the Respondents – State, the merit of
this Application was not considered.
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(905) BA-551.26.DOCX
7. Mr. Ritesh Thobde, learned Advocate for the Applicant and
Mr. S. S. Choudhari, learned APP for the Respondents, submit that
the parties would cooperate with the Trial Court in the early
disposal of the said Bail Application.
8. Leave to withdraw this Bail Application is granted with
liberty as prayed for.
9. Criminal Bail Application No.551 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
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