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Bombay High Court

SACHIN VIRUPAKASH VIBHUTEversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application with liberty to file a fresh application later.

Summary

The applicant, Sachin Virupakash Vibhute, filed a bail application before the Bombay High Court seeking release on bail for alleged offences under IPC sections 406, 409, 417, 420, 506 and sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999. The application was heard on 8 September 2026 and, on instructions from the applicant, counsel sought permission to withdraw the bail petition with a view to filing a fresh application should circumstances change. The State’s counsel did not oppose the request. The Court, after noting the counsel’s statement, granted leave to withdraw the present application and allowed the applicant liberty to file a new bail application before the trial court if needed. The Court directed that any fresh application be considered on its own merits. Consequently, Bail Application No. 606 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether the applicant may be permitted to withdraw a pending bail application and seek liberty to file a fresh bail application before the trial court.

Legislation cited

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • IPC
  • Maharashtra Depositors Act
  • high court
  • procedural liberty

Judgment

                                                                909-BA-606-2026.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 606 OF 2026
Sachin Virupakash Vibhute                         ...Applicant
        Versus
State of Maharashtra And Anr.                       ...Respondents
_______________________________________________________________
Mr. Pradip Makane a/w Kedar Patil Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
_______________________________________________________________
                                 CORAM : ASHWIN D. BHOBE, J.
                                  DATE : 9th September, 2026.
P.C. :

1.       Heard Mr. Pradip Makane, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.



2.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause (A) :-



           A)        This Hon'ble Court may kindly enlarge the
           Applicant on bail in connection with the C. R. No.303 of
           2024 dt.22.10.2024 registered with the Hupari Police
           Station, Dist. Kolhapur, for the offenses punishable under
           section 406, 409, 417, 420, 506 of Indian Penal Code,
           1860 and u/s.3 & 4 of The Maharashtra Protection of
           Interest_of Depositors (In Financial Establishments) Act,
           1999

3.       This Application was substantially heard on 08.09.2026. At the

request of Mr. Kedar Patil, learned Advocate for the Applicant, this

matter was kept today i.e. 09.09.2026, for Mr. Kedar Patil, learned




Arjun                              1
                                                                                 909-BA-606-2026.doc



                     Advocate for the Applicant, to take instructions from the Applicant.


                     4.      Today, Mr. Pradip Makane, learned Advocate for the Applicant,

                     on instructions from the Applicant seeks leave to withdraw the present

                     Application with liberty to file a fresh Bail Application before the Trial

                     Court in the event of change in circumstances.


                     5.      The request made by Mr. Pradip Makane, learned Advocate for

                     the Applicant is not opposed by Dr. A. A. Takalkar, learned APP for the

                     Respondent – State.


                     6.      In view of the statement made by Mr. Pradip Makane, learned

                     Advocate for the Applicant, leave is granted to withdraw the present

                     Application with liberty as prayed.


                     7.      If a fresh Bail Application is filed before the Trial Court on the

                     ground of change in circumstances the same be considered on its own

                     merits and in accordance with law.


                     8.      Criminal Bail Application No. 606 of 2026 is disposed of as

                     withdrawn.


                                                                   (ASHWIN D. BHOBE, J.)


        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.09
        22:05:20
        +0530

                     Arjun                             2


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