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Bombay High Court

SHAMBHU CHHATRA MALLAversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application and allowed the applicant to approach the trial court for a fresh bail application.

Summary

The applicant, Shambhu Chhatra Malla, filed a bail application (Criminal Bail Application No. 690 of 2026) seeking release on bail in C.R. No. 14 of 2024. The State and Respondent No.2 objected, citing an earlier order dated 06.05.2025 which directed that any renewal of bail must be made before the trial court. The applicant's counsel sought leave to withdraw the present application and approach the trial court as per that order. The respondents did not oppose the withdrawal. The Court granted leave to withdraw the bail application, allowing the applicant to file a fresh application before the trial court, and disposed of the present application as withdrawn.

Issues considered

  • Whether the bail application can be withdrawn and the applicant be permitted to approach the trial court for a fresh bail application as per the earlier order.

Subjects

  • bail
  • withdrawal of bail application
  • criminal procedure
  • trial court jurisdiction
  • C.R. No. 14 of 2024

Judgment

                                                               84-BA-690-2026.doc



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIRCUIT BENCH AT KOLHAPUR
           CRIMINAL APPELLATE JURISDICTION
            BAIL APPLICATION NO. 690 OF 2026
Shambhu Chhatra Malla                        ...Applicant
        Versus
The State of Maharashtra And Ors.                  ...Respondent
__________________________________________________________
Mr. Tohid Shaikh (through VC), Advocate for the Applicant.
Ms. Preetam Raje a/w Varsha Kale, for the Respondent No. 2.
Mr. N. B. Patil, APP for the Respondent – State.
 __________________________________________________________
                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 27th August, 2026.
P.C. :
1.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause (I) :-


           (I)       He may be released on bail in C.R. No. 14 of
           2024 registered at the instance of Malvan Police Station on
           any terms and conditions as this Hon’ble Court may deem
           fit & proper.

2.       Mr. N. B. Patil, learned APP for the Respondent – State and

Ms. Preetam Raje, learned Advocate for the Respondent No. 2,

refer to the order dated 06.05.2025 passed by this Court in

Criminal Bail Application No. 56 of 2025 and submit that in the

event the Applicant intends to renew his request for bail, same is

to be done before the Trial Court at the first instance.



Arjun                               1
                                                                            84-BA-690-2026.doc



                     3.      Faced with the said objection, Mr. Tohid Shaikh, learned

                     Advocate for the Applicant, on instructions from the Applicant,

                     seeks leave to withdraw the present Bail Application with liberty to

                     approach the Trial Court in terms of the liberty granted by this

                     Court vide order dated 06.05.2025 passed in Criminal Bail

                     Application No. 56 of 2025.


                     4.      The request made by Mr. Tohid Shaikh, learned Advocate

                     for the Applicant, is not opposed by Ms. Preetam Raje, learned

                     Advocate for the Respondent No. 2 and Mr. N. B. Patil, learned APP

                     for the Respondent – State.


                     5.      In view of the statement made by Mr. Tohid Shaikh, learned

                     Advocate for the Applicant, leave is granted to withdraw the

                     present Bail Application with liberty as prayed.


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

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


                     7.      Criminal Bail Application No. 690 of 2026 is disposed of as

                     withdrawn.

                                                                (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE        Arjun                          2
RODGE   Date:
        2026.09.01
        10:54:39
        +0530


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