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- Disposed off as Withdrawn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 The withdrawn application was formally disposed of with the liberty to reapply.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
- Arms Act — s. 25, 3
- Bombay Police Act — s. 238, 305(A), 331(3), 331(4), 62(2)
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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52-BA-614-2026 (CR).docx
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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