Bombay High Court

SANGRAM RANGRAO PADALKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the bail application and directed that a fresh application be filed before the trial court.

Summary

The applicant, Sangram Rangrao Padalkar, applied for bail in a murder case (IPC sections 302 and 34) before the Bombay High Court. The State objected, citing an earlier order that any liberty must first be sought before the trial court. The applicant’s counsel requested permission to withdraw the present bail application and re‑file a fresh one before the trial court. The bench, after considering the objection, granted leave to withdraw the application and directed that any new bail petition be dealt with on its own merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the High Court can grant bail when a prior order requires the applicant to seek liberty before the trial court
Whether the applicant may withdraw a bail application and re‑file a fresh one before the trial court

Legislation cited

Indian Penal Code, 1860 — s. 302, 34

Subjects

bail
murder
IPC 302
IPC 34
procedural law
withdrawal of application

Judgment

                                                                                    41 - BA - 646 - 2026.docx


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

VAIBHAV
RAMESH
                                    CRIMINAL BAIL APPLICATION NO. 646 OF 2026
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.08.18
20:50:50 +0530
                      Sangram Rangrao Padalkar                              …Applicant
                                 V/s.
                      State Of Maharashtra And Anr.                         …Respondents

                      Mr. Onkar Bajaj for the Applicant.
                      Mr. Shrikant H. Yadav, APP for the State-Respondents.



                                              CORAM : ASHWIN D. BHOBE, J.

                                              DATED      : AUGUST 18, 2026
                      P.C.:


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

                      following substantive relief:

                              “(a) That this Hon’ble Court be pleased to release the Applicant on bail in
                              connection with CR No.797 of 2024 registered with Juna Rajwada Police,
                              Kolhapur station under Sections 302, and 34 of IPC, on such terms and
                              conditions as this Hon’ble Court may deem fit and proper.”

                      2.      Mr. Shrikant H. Yadav, learned APP for the State-Respondents,

                      refers to the order dated 10th November 2025 passed by this Court in

                      Criminal Bail Application No. 3439 of 2025 and submits that the liberty

                      granted by this Court is required to be availed before the Trial Court in

                      the first instance.


                      3.      Faced with the said objection, Mr. Onkar Bajaj, learned Advocate

                      for the Applicant, on instructions from the Applicant, seeks leave to




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                                                        41 - BA - 646 - 2026.docx


withdraw the present Bail Application, with liberty to file a fresh Bail

Application before the Trial Court in terms of the liberty granted by this

Court vide order dated 10th November 2025 passed in Criminal Bail

Application No. 3439 of 2025.


4.    In view of the statement made by Mr. Onkar Bajaj, learned

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

Bail Application with liberty as prayed.


5.    If a fresh Bail Application is filed before the Trial Court, the same

shall be considered on its own merits and in accordance with law.


6.    Criminal Bail Application No. 646 of 2026 is disposed of as

withdrawn.


                                           (ASHWIN D. BHOBE, J.)




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