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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Disposed off as Withdrawn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filed within ten days be heard promptly and disposed of within four weeks, and recorded the bail application as withdrawn.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  • Whether the present bail application can be withdrawn with liberty to file a new application before the trial court.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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