Bombay High Court
PANDHARINATH VIDYADHAR AMBERKARversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The court granted leave to withdraw the present bail application with liberty to file a fresh bail application before the trial court.
Summary
The applicant, Pandharinath Vidyadhar Amberkar, filed a bail application which had earlier been rejected by the High Court on merits. The applicant's counsel argued that there was a change in circumstances because the four prosecution witnesses did not support the case, a ground not raised before the trial court. He sought permission to withdraw the current bail application and to file a fresh one before the trial court, citing the applicant's health issues and the need for an expeditious hearing. The respondent's counsel did not oppose the withdrawal and indicated that the prosecution would not seek unnecessary adjournments. The court granted leave to withdraw the present bail application, directing that any fresh application filed within ten days be heard promptly and disposed of within four weeks, and recorded the bail application as withdrawn.
Issues considered
- Whether the change in circumstances alleged by the applicant warrants a fresh bail application.
- Whether the present bail application can be withdrawn with liberty to file a new application before the trial court.
Subjects
- bail
- change in circumstances
- withdrawal of application
- criminal procedure
- expeditious hearing
Judgment
35-BA-572-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 572 OF 2026
Pandharinath Vidyadhar Amberkar ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. Sangram Desai, Advocate for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 9th September, 2026.
P.C. :
1. This Application is at Serial No. 35 of the Daily Causelist.
2. At the time of rising of the Court, Mr. Sangram Desai, learned
Advocate for the Applicant, made a request to take up this Application
out of turn. At his request and my consent of Mr. S. S. Chaudhari, this
Application was taken up out of turn.
3. Mr. S. S. Chaudhari, learned APP for the Respondent – State,
points out to the order dated 06.05.2024, and submits that the
Application for bail filed by the Applicant was rejected by this Court on
merits (Exhibit -D).
4. Mr. Sangram Desai, learned Advocate for the Applicant states
Arjun 1
35-BA-572-2026.doc
that there is change in circumstances, as the four (4) witnesses
prosecution examined have not supported the prosecution case. He
submits that grounds of change in circumstances were not taken up
before the Trial Court at the first instance. He, on instructions from the
Applicant, seeks leave to withdraw the present Application with liberty
to file a fresh Bail Application before the Trial Court on the ground of
aforestated change in circumstances. He submits that the Applicant is
having some ailments and therefore requests for expeditious hearing of
the fresh Bail Application, the Applicant intends to file before the Trial
Court.
5. The request made by Mr. Sangram Desai, learned Advocate for
the Applicant, is not opposed by Mr. S. S. Chaudhari, learned APP for
the Respondent – State He submits that in the event a fresh Bail
Application is filed by the Applicant before the Trial Court, on the
grounds of change in circumstances, the prosecution will not seek
unnecessary adjournment.
6. In view of the statement made by Mr. Sangram Desai, learned
Advocate for the Applicant, leave is granted to withdraw the present
Bail Application with liberty as prayed.
Arjun 2
35-BA-572-2026.doc
7. 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
consider the same expeditiously, after hearing the concerned parties, on
its own merits and in accordance with law and at any rate within a
period of 4 weeks from the first date of hearing fixed in the Bail
Application.
8. Criminal Bail Application No. 572 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.10
19:53:28
+0530
Arjun 3
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