Bombay High Court

VILAS LAXMAN GAVITversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the present bail application and permitted the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Vilas Laxman Gavit, filed a criminal bail application (No. 659 of 2026) before the Bombay High Court. The applicant failed to appear when the matter was called, and the respondent State argued that the application was successive and should have been filed first in the Sessions Court as per an earlier order dated 4 November 2025. The applicant’s counsel later appeared and sought permission to withdraw the present application and to file a fresh bail petition in the trial court, invoking the liberty granted in the 2025 order. The respondent did not oppose the request. The Court, noting the applicant’s request and the lack of opposition, granted leave to withdraw the bail application and allowed the applicant to approach the trial court with a fresh application, dismissing the present application as withdrawn.

Issues considered

Whether a criminal bail application filed after a prior withdrawal can be considered successive and thus require filing in the Sessions Court first
Whether the applicant may be permitted to withdraw the present bail application and file a fresh one in the trial court as per the earlier court liberty

Subjects

bail
criminal procedure
successive bail application
withdrawal
trial court

Judgment

902-BA-659-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 659 OF 2026

Vilas Laxman Gavit … Applicant
Versus
The State of Maharashtra & Ors. … Respondents

——————
Mr. Thoid Shaikh i/b. Mr. Amol Thorat for the Applicant.
Mr. S.H. Yadav, A.P.P. for the Respondent Nos.1 & 3-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 9th October 2026.

PER COURT :

1. On 7th October 2026, the following order was passed :

“1. When this Application was called out, none appears for the
Applicant, either physically in Court or through V.C. mode.

2. Mr. S.H. Yadav, learned A.P.P. for the Respondent Nos.1 & 3-State,
submits that this is a successive Bail Application. He states that by
order dated 4th November 2025, the Applicant had withdrawn the
earlier Bail Application with liberty to file a fresh Bail Application
after the period mentioned in the order dated 4th November 2025
passed in Criminal Bail Application No. 2489 of 2025 (Exhibit ‘D’,
page 204).

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902-BA-659-2026 (CR).docx

3. Mr. S.H. Yadav, learned A.P.P. for the Respondent Nos.1 & 3-State,
states that, in the event the Applicant intends to renew the request
for bail, the same has to be renewed before the Sessions Court at
the first instance. He submits that this has not been done and,
therefore, the present Bail Application be dismissed.

4. In view of the absence of the Applicant/Advocate for the
Applicant, as a matter of indulgence, list this matter on 9th
October 2026 under the caption "For Disposal".”

2. Today, Mr. Thoid Sheikh, learned Advocate for the Applicant, appears

and seeks leave to withdraw the present Bail Application, with liberty to

approach the Trial Court by filing a fresh Bail Application, in terms of the

liberty granted by this Court by order dated 4th November 2025 passed in

Criminal Bail Application No. 2489 of 2025.

3. This request is not opposed by Mr. Yadav, learned A.P.P. for the

Respondent Nos.1 & 3-State.

4. In view of the statement made by Mr. Thoid Sheikh, learned Advocate

for the Applicant, leave is granted to withdraw the present Bail Application,

with liberty to file a fresh Bail Application before the Trial Court in terms of

the observations made by this Court on 4 th November 2025 in Criminal Bail

Application No. 2489 of 2025.

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5. The Criminal Bail Application No. 659 of 2026 is dismissed as

withdrawn.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.10.09
20:21:25 +0530

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