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Bombay High Court

SANKET ARUN JADHAVversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application and allowed the applicant to file a fresh bail application in the future on its own merits.

Summary

The applicant, Sanket Arun Jadhav, filed a bail application (Criminal Bail Application No. 614 of 2026) seeking release on bail for offences under sections 331(3), 331(4), 305(A), 62(2), 238 of the Bombay Police Act and sections 3 and 25 of the Indian Arms Act. While the matter was being heard, the applicant's counsel requested time to take further instructions and subsequently sought leave to withdraw the bail application, asking for liberty to file a fresh application if circumstances changed or after one year if the trial made no substantial progress. The State's counsel did not oppose the request. The Court, after considering the request, granted leave to withdraw the application and permitted the applicant to file a new bail application under the stated conditions. The withdrawn application was formally disposed of with the liberty to reapply.

Issues considered

  • What procedural authority does the Court have to allow withdrawal of a criminal bail application with liberty to reapply later?

Legislation cited

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • Indian Arms Act
  • Bombay Police Act
  • liberty to reapply

Judgment

                                                          52-BA-614-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL BAIL APPLN. NO. 614 OF 2026

Sanket Arun Jadhav                                    …...Applicant
                        Versus
The State Of Maharashtra & Anr.                       …...Respondents


                                  ——————
Mr. Balwant Salunkhe a/w. Mr. Omkar Koratkar for Applicant.
Mr. A.S. Shalgaonkar, A.P.P. for Respondents-State.
Officer : Mr. Nagesh Kamble, L.C.B., Sangli, present.
                                  ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   21st September 2026.

PER COURT :


1.    Heard Mr. Balwant Salunkhe, learned Advocate for the Applicant and

Mr. Shalgaonkar, learned Advocate for the Respondents-State.


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

substantive reliefs :


       “a) To release the applicant on bail in connection with C.R. No. 08
           of 2026 dated 8.1.2026 registered with registered at Aatpadi
           Police Station for offence punishable u/sec. 331(3), 331(4),
           305(A), 62(2), 238 of B.N.S. and u/sec. 3, 25 of Indian Arms
           Act on such terms and conditions as this Hon'ble Court deems
           fit and proper in the facts and circumstances of the case.”




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                              3.    After having heard the matter for some time, Mr. Balwant Salunkhe,

                              learned Advocate for the Applicant, sought to pass over the matter to take

                              instructions from the Applicant. At his request, the Application was taken up

                              after some time.


                              4.    Mr. Balwant Salunkhe, learned Advocate for the Applicant, on

                              instructions, seeks leave to withdraw the present Application with liberty to

                              renew his request for bail by filing a fresh Bail Application before the Trial

                              Court in the event of change in circumstances or upon expiry of one year

                              from today, if there is no substantial progress in the trial. The request is not

                              opposed by Mr. Shalgaonkar, learned A.P.P. for the Respondents-State.


                              5.    In view of the statement made by Mr. Balwant Salunkhe, learned

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

                              Application with liberty as prayed.


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

                              of change in circumstances or after a period of one year from today, if there is

                              no substantial progress in the trial, the same be considered on its own merits

                              and in accordance with law.


                              7.    Criminal Bail Application No. 614 of 2026 is disposed of as withdrawn

                              with aforesaid liberty.

           Digitally signed
           by OMKAR
           SHIVAHAR
                                                                    [ ASHWIN D. BHOBE, J. ]
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.21
           21:06:44
           +0530



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