Bombay High Court
SWAPNIL PARSHURAM KHATUversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed Off
Holding
The bail application is withdrawn, and the applicant is granted liberty to file a fresh bail application before the trial court.
Summary
Swapnil Parshuram Khatu applied for bail before the Bombay High Court, Kolhapur Bench, seeking release on charges under sections 103, 311 and 333 of the Bharatiya Nyaya Sanhita, 2023. The State argued that a prior order dated 19 December 2025 required any renewal of bail to be filed before the trial court, not the appellate court. The applicant’s counsel requested permission to approach the trial court under the liberty granted in the earlier order, a request that was not opposed by the State. The bench, after hearing both sides, allowed the applicant to withdraw the present application and file a fresh bail petition before the trial court. The application was consequently disposed of as withdrawn, with the direction that any fresh application be considered on its own merits.
Issues considered
- Whether the appellate court can entertain a fresh bail application after a prior order directing that renewal must be filed before the trial court.
- Whether the applicant is entitled to withdraw the present bail application and seek liberty to file a fresh application before the trial court.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 311, 333
Subjects
- bail
- criminal procedure
- appellate jurisdiction
- Bharatiya Nyaya Sanhita
- procedural law
Judgment
54-BA-651-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 651 OF 2026
Swapnil Parshuram Khatu …... Applicant
Versus
The State of Maharashtra & Anr. …...Respondents
——————
Mr. Shubham Gunjan i/b. Mr. Harshad Bhadbhade for Applicant.
Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondents-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 21st September 2026.
PER COURT :
1. Heard Mr. Shubham Gunjan, learned Advocate for the Applicant and
Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondents-State.
2. By the present Application, the Applicant is seeking the following
substantive relief :
“a. That this Hon'ble court may be pleased to release the Applicant
on bail in connection of CR. No. 75 of 2024 of Sawarde Police
Station, Chiplun; for alleged Offences Punishable u/s 103, 311,
333, Bhartiya Nyaya Sanhita, 2023 on such terms and
conditions as the Hon'ble Court may deem just and proper.”
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54-BA-651-2026 (CR).docx
3. Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondents-State, at
the outset, points out the order dated 19th December 2025 passed by this
Court in Criminal Bail Application No. 1872 of 2025. She submits that in the
event the Applicant intends to renew his request for bail, the same has to be
done before the Trial Court at the first instance.
4. Faced with the said objection, Mr. Shubham Gunjan, learned Advocate
for the Applicant, on instructions from the Applicant, seeks leave to approach
the Trial Court in terms of the liberty granted by this Court in the order dated
19th December 2025 in Criminal Bail Application No. 1872 of 2025. This
request is not opposed by Ms. Mahalakshmi Ganpathy, learned A.P.P. for the
Respondents-State.
5. In view of the above, leave is granted to withdraw the present
Application with liberty to file a fresh Bail Application before the Trial Court
in terms of the liberty granted by order order dated 19 th December 2025 in
Criminal Bail Application No. 1872 of 2025.
6. If a fresh Bail Application is filed before the Trial Court, the same be
considered on its own merits and in accordance with law.
7. Criminal Bail Application No. 651 of 2026 stands disposed of as
withdrawn with aforesaid liberty.
Digitally signed
by OMKAR
OMKAR
SHIVAHAR
SHIVAHAR
KUMBHAKARN
[ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.09.21
20:46:14 +0530
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