Bombay High Court
PARMESHWAR ALIAS DEWA NANASO JADHAVversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and granted the applicant liberty to file a fresh bail application if the MCOCA case is not disposed by the stipulated deadline.
Summary
The applicant, Parmeshwar alias Dewa Nanaso Jadhav, applied for regular bail in a case registered under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, alleging offences under sections 109, 3(5), 61(2), 238 of BNS and section 3(25) of the Arms Act. The bail application was intertwined with a Special Case (MCOCA) No.01 of 2020 pending before the Additional Sessions Judge, which is subject to a court‑mandated time‑bound disposal by 7 January 2027. The applicant, through counsel, sought to withdraw the bail application and asked for liberty to file a fresh bail petition if the MCOCA case is not concluded within the stipulated period. The State opposed the bail but did not contest the withdrawal, and the intervenor, a witness in the MCOCA case, affirmed readiness to cooperate with the trial. The Court accepted the withdrawal, granted the requested liberty to re‑apply for bail later, and ordered that the order be placed before the trial court. Consequently, the bail application and the related interim application were disposed of.
Issues considered
- Whether a bail application may be withdrawn with a direction that the applicant may file a fresh bail petition if the related MCOCA trial is not disposed within the court‑prescribed time‑frame.
- Whether the time‑bound nature of a Special Case under MCOCA affects the grant or withdrawal of bail.
Legislation cited
- Arms Act — s. 3(25)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 238, 3(5), 61(2)
Subjects
- bail
- MCOCA
- time‑bound disposal
- withdrawal of bail application
- liberty to reapply
- criminal procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 596 OF 2026
Parmeshwar Alias Dewa Nanaso Jadhav …...Applicant
VERSUS.
The State Of Maharashtra And Anr. ……Respondents
WITH
CRI-INTERIM APPLICATION NO. 536 OF 2026
IN
CRIMINAL BAIL APPLN. NO. 596 OF 2026
Ganesh Sadashiv Bhosale …….....Applicant
SHANTANU
SHANKARSA
VERSUS.
DHUDUM
Digitally signed by
State Of Maharashtra And Anr. ….......Respondents
SHANTANU
SHANKARSA DHUDUM
Date: 2026.09.10
10:26:02 +0530
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Mr. Piyush Toshnival (Through VC) a/w Mr. Aarya V. Aambulkar i/b Mr.
Ashish Pawar, for Applicant.
Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State.
Mr. Shankar Katkar, for the Intervenor.
API, Salunkhe, Akluj Police Station, District: Solapur, present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 9th SEPTEMBER, 2026.
P.C.
1. Heard, Mr. Piyush Toshnival, learned Advocate for the
Applicant, Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 –
State and Mr. Shankar Katkar, learned Advocate for the Intervenor.
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2. By this Application, the Applicant has sought the following
substantial relief, reproduced verbatim:
“a) That this Hon’ble Court may kindly enlarge the Applicant
on regular bail in connection with FIR bearing C.R. No.517
of 2016 dated 29/12.2016 registered with Akluj Police
Station, District Solapur, for allegedly having committed
the offence punishable under Section 109, 3(5), 61(2),
238 of the Bharatiya Nyaya Sanhita (BNS), 2023 and
under Section 3(25) of the Arms Act.”
3. At the outset, Mr. S. H. Yadav, learned A.P.P. for Respondent
Nos.1 and 2 – State, submits that the proceedings in Special Case
(MCOCA) No.01 of 2020 are expedited and time-bound. He submits that
the initial time for disposal of Special Case (MCOCA) No.01 of 2020,
pending before the Additional Sessions Judge, Malshiras, District Solapur,
was extended by one (1) year vide order dated 12 th March, 2025, passed in
Criminal Bail Application No.3889 of 2022. He further submits that at the
request of the Additional Sessions Judge, Malshiras, District Solapur, for
the reasons stated in the extension request, the said period was further
extended by nine (9) months from 7th April, 2026.
4. Mr. S. H. Yadav, learned A.P.P., submits that the period of nine (9)
months, to dispose of the Special Case (MCOCA) No. 01 of 2020, would
expire on 7th January, 2027. He further submits that in view of Special Case
(MCOCA) No. 01 of 2020 being time-bound, the prosecution is and shall
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assist the Additional Sessions Judge, Malshiras, District Solapur in
disposing of the said proceedings within the time granted by this Court.
5. Mr. Piyush Toshnival, learned Advocate for the Applicant, on
instructions from the Applicant, submits that in view of the directions
issued by this Court for the time-bound disposal of Special Case (MCOCA)
No.01 of 2020, which will expire on 7 th January, 2027, the Applicant does
not press the present Bail Application and seeks leave to withdraw the
same, as the entire matter is required to be disposed of within the time
frame referred to by Mr. S. H. Yadav, learned A.P.P. He, however, submits
that if, for any reason, Special Case (MCOCA) No.01 of 2020 is not
disposed of within the stipulated time (i.e., by 7 th January, 2027), the
Applicant be granted liberty to file a fresh Bail Application before this
Court, as the request for bail in this Application was on the ground of long
incarceration.
6. Mr. Piyush Toshnival, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall cooperate
with the Trial Court and the prosecution for the expeditious disposal of
Special Case (MCOCA) No.01 of 2020 and the Applicant shall not seek
adjournment when the prosecution witnesses are summoned for deposition
in Special Case (MCOCA) No.01 of 2020. Statement accepted.
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7. The request for withdrawal and liberty made by Mr. Piyush
Toshnival, learned Advocate for the Applicant, is not opposed by Mr. S. H.
Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State.
8. Mr. Shankar Katkar, learned Advocate for the Intervenor, on
instructions from the Intervenor, states that the Intervenor, who is a
witness in Special Case (MCOCA) No.01 of 2020, shall be ready for
examination as a witness as and when requested by the prosecution in
Special Case (MCOCA) No.01 of 2020. He submits that the Special Case
(MCOCA) No.01 of 2020 before the Trial Court is fixed for tomorrow
(10.09.2026) and that the Intervenor is ready to enter the witness box if
the Public Prosecutor so requests. He submits that the Intervenor will co-
operate with the prosecution in Special Case (MCOCA) No.01 of 2020.
9. Statements made by Mr. S. H. Yadav, learned A.P.P., on
instructions and by Mr. Shankar Katkar, learned Advocate for the
Intervenor, on instructions, are taken on record. The parties are to abide by
the statements made before this Court.
10. In view of the statements made by Mr. Piyush Toshnival, learned
Advocate for the Applicant, leave is granted to the Applicant to withdraw
this Bail Application, with liberty as prayed for.
11. As submitted by Mr. S. H. Yadav, learned A.P.P., Special Case
(MCOCA) No. 01 of 2020, being a time-bound matter, must be disposed of
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by January 2027. However, if Special Case (MCOCA) No. 01 of 2020 is not
disposed of by the time fixed by this Court and the Applicant is not
responsible for the delay in disposal, in view of the peculiar facts and
circumstances of this case, the Applicant is at liberty to renew his request
for bail before this Court.
12. Mr. Piyush Toshnival and Mr. S. H. Yadav, learned A.P.P., state
that this order will be placed before the Trial Court in Special Case
(MCOCA) No. 01 of 2020.
13. Criminal Bail Application No.596 of 2026 is disposed of.
14. In view of the disposal of Criminal Bail Application No.596 of
2026, Interim Application No.536 of 2026 also stands disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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