Bombay High Court
DIPAK BHIMRAO PATILversusSTATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Disposed off as Withdrawn
Holding
The court granted leave to withdraw the present bail application and permitted the filing of a fresh bail application on the ground of change in circumstances.
Summary
Dipak Bhimrao Patil applied for bail in connection with an FIR under several sections of the Bharatiya Nyaya Sanhita, 2023. The applicant had earlier filed a bail application (No.3631 of 2025) which was dismissed as withdrawn. In the present application, the State objected on the ground that the earlier application had been withdrawn and that the current bail request was based on medical grounds. The applicant’s counsel sought permission to withdraw the current application and file a fresh bail petition before the trial court, citing a change in circumstances because the informant had turned hostile. The court, finding no opposition to the request, granted leave to withdraw the present application and allowed the filing of a fresh bail application, dismissing the current application as withdrawn.
Issues considered
- Whether the applicant may withdraw the present bail application and file a fresh bail application on the ground of change in circumstances
- Whether the prior dismissal of a bail application affects the present application
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(1), 111(2b), 111(4), 308(5), 351(2), 351(3)
Subjects
- bail
- change in circumstances
- withdrawal of application
- criminal procedure
- informant hostile
Judgment
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28-BA-582-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 582 OF 2026
Dipak Bhimrao Patil …...Applicant
VERSUS
State Of Maharashtra And Another …...Respondents
_________________________________________________________________
Mr. Ramnik P. Pawar i/b Mr. Sonarlikar Dinesh, for Applicant.
Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 - State.
Officer: H.C. Mr. Arjun K. Pachpute, Karad Taluka Police Station, present.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.09
21:39:16
CORAM : ASHWIN D. BHOBE, J.
+0530
DATE : 8th SEPTEMBER, 2026.
P.C.
1. Heard Mr. Ramnik P. Pawar, learned Advocate for the Applicant
and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and
2 – State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“A. That this Hon’ble Court may kindly enlarge the present
Applicant on Bail in connection with F.I.R. bearing C.R.
No.354 of 2025 registered with Karad Taluka Police Station,
sections 111(1), 308(5), 111(2b), 111(4), 351(2), 351(3) of
Shantanu S. Dhudum
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28-BA-582-2026(CR).DOC
Bharatiya Nyaya Sanhita, 2023 (BNS). On such terms and
conditions as this Hon’ble Court deems fit and proper.”
3. Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent
Nos.1 and 2 – State, raises an objection to entertaining this Application by
this Court on two grounds.
A) Criminal Bail Application No.3631 of 2025 filed by the
Applicant was dismissed and disposed of as withdrawn on 28 th
January, 2026. (page Nos.246 – 247).
B) That the request for bail made by the Applicant before the Trial
Court vide Application at Exhibit – 25 was on medical
grounds.
4. Faced with the said objection, Mr. Ramnik Pawar, learned
Advocate for the Applicant, on instructions from the Applicant, seeks leave
to withdraw the present Bail Application with liberty to file a fresh Bail
Application before the Trial Court on the ground of change in
circumstances. To clarify, he submits that the Complainant/Informant has
been examined in Sessions Case No.103 of 2025 however, he has turned
hostile.
5. The request made by Mr. Ramanik Pawar, learned Advocate for
the Applicant, to file a fresh Bail Application before the Trial Court on the
ground of change in circumstances, as stated by him, is not opposed by Ms.
Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and 2 - State.
Shantanu S. Dhudum
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28-BA-582-2026(CR).DOC
6. In view of the above, leave is granted to withdraw the present
Bail Application with liberty to file a fresh Bail Application before the Trial
Court on the ground of change in circumstances.
7. If such Application is filed before the Trial Court, the same shall
be considered on its own merits and in accordance with law.
8. Criminal Bail Application No.582 of 2026 is dismissed and
disposed of as withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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