Bombay High Court
SADIQ JOHN PETERversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and directed the applicant to file a fresh bail application before the trial court.
Summary
The applicant, Sadiq John Peter, filed a criminal bail application before the Bombay High Court, Kolhapur Bench, despite an earlier order directing that any further bail request be made before the trial court. The State opposed the application, arguing that the applicant should have filed a fresh bail petition in the trial court as per the December 2025 order. The applicant's counsel sought permission to withdraw the present application and approach the trial court with a fresh petition. The State did not oppose this request. The Court granted leave to withdraw the bail application and directed the applicant to file a fresh bail application before the trial court, which will be considered on its merits. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a bail application filed before the High Court is maintainable when a prior order directs filing a fresh application before the trial court.
Subjects
- bail
- criminal procedure
- appellate jurisdiction
- withdrawal of application
- trial court
Judgment
902-BA-567-2026 (CR)-F.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 567 OF 2026
Sadiq John Peter …...Applicant
Versus
The State Of Maharashtra & Anr. …...Respondents
——————
Mr. Rugwed Kinkar i/b. Mr. Murlidhar Kharat for Applicant.
Mr. S.H. Yadav, A.P.P. for Respondents-State.
Officer : HC/859 Mr. R.A. Desai, Juna Rajwada Police Station, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 29th September 2026.
PER COURT :
1. Heard Mr. Rugwed Kinkar, learned Advocate for the Applicant and Mr.
Yadav, learned A.P.P. for the Respondents-State.
2. At the outset, Mr. Yadav, learned A.P.P. for the Respondents-State, by
referring to the order dated 19 th December 2025 passed by this Court in
Criminal Bail Application No. 3510 of 2025, submits that the liberty granted
by order dated 19th December 2025 is required to be availed by filing a fresh
Bail Application before the Trial Court at the first instance. He states that the
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902-BA-567-2026 (CR)-F.docx
Applicant, instead of renewing the request before the Trial Court, has filed
the second successive Bail Application before this Court. He therefore
opposes this Application.
3. Faced with the said objection, Mr. Rugwed Kinkar, learned Advocate
for the Applicant, on instructions from the Applicant, seeks leave to withdraw
this Bail Application and to approach the Trial Court with a fresh Bail
Application in terms of the liberty granted by this Court in the order dated
19th December 2025 passed in Criminal Bail Application No. 3510 of 2025.
Mr. Yadav, learned A.P.P. for the Respondents-State, does not oppose the said
request.
4. In view of the statement made by Mr. Rugwed Kinkar, 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.
5. If a fresh bail application is filed by the Applicant before the Trial
Court, same be considered on its own merits and in accordance with law.
6. Criminal Bail Application No. 567 of of 2026 is disposed of as
withdrawn with aforesaid liberty.
Digitally signed
by OMKAR
OMKAR
SHIVAHAR
KUMBHAKARN
[ ASHWIN D. BHOBE, J. ]
SHIVAHAR
KUMBHAKARN Date:
2026.09.29
18:48:06
+0530
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