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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Disposed off as Withdrawn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 Consequently, the bail application was disposed of as withdrawn.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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                         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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