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Bombay High Court

RUSHIKESH PAWANKUMAR GHORPADEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The court granted leave to withdraw the bail application, permitting the applicant to file a fresh bail application before the trial court.

Summary

The applicant, Rushikesh Pawankumar Ghorpade, sought to withdraw his bail application (No. 704 of 2026) because the Sessions Judge at Ichalkaranji, before whom a fresh bail application was required, was unavailable. The court obtained a report confirming that the District Judge‑2 and Additional Sessions Judge at Ichalkaranji had taken charge as of 04‑09‑2026, making the trial court now available. On this basis, the applicant’s counsel requested permission to withdraw the pending bail application and file a fresh one before the trial court, as previously ordered on 05‑01‑2026. The respondent’s counsel agreed that the suggested recourse was proper. The court granted leave to withdraw the present bail application, allowing the applicant to file a fresh bail application before the trial court, which will be considered on its merits. Consequently, Bail Application No. 704 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether the applicant may be permitted to withdraw the pending bail application and file a fresh bail application before the trial court now that the Sessions Judge is available

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial court
  • fresh application
  • sessions judge availability

Judgment

                                                                 504.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO. 704 OF 2026
Rushikesh Pawankumar Ghorpade                              ...Applicant
         Versus
The State of Maharashtra And Anr.                ...Respondents
_______________________________________________________________
Mr. Vivek Arote (through VC) for the Applicants.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
API V. B. Maskar, Shivajinagar Police Station, Ichalkaranji Kolhapur, is
present.
 ______________________________________________________________

                                 CORAM :      ASHWIN D. BHOBE, J.
                                  DATE :      8th September, 2026.
P.C. :


1.        This Application is circulated in view of the praecipe dated

08.09.2026. Same is taken on record and marked “X” for identification.



2.        Mr. Vivek and Arote, learned Advocate for the Applicant, states

that by order dated 05.01.2026, passed in Criminal Bail Application

Number 3049 of 2025, the Applicant was granted liberty to renew the

request for bail after a period of six months. He states that though a

fresh Application was required to be filed before the Trial Court, the

same could not be filed as the regular Sessions Court at Ichalkaranji

(Sessions Judge-2) was not available. He submits that even as of

yesterday, his instructions are that the Sessions Judge-2, Ichalkaranji


Arjun                              1
                                                                   504.doc



was not available.



3.      In view of the statement made by Mr. Vivek Arote, learned

Advocate for the Applicant, a Report was called from the Principal

District and Sessions Judge, Kolhapur. The Principal District and

Sessions Judge, Kolhapur, has submitted a Report stating that from

04.09.2026,     District   Judge-2       and   Additional   Sessions   Judge,

Ichalkaranji, has taken charge of the post.



4.      The Report dated 08.09.2026, is taken on record and marked “X-

1” for identification.



5.      In view of the Report (X-1), to the effect that the District Judge-

2 and Additional Sessions Judge, Ichalkaranji is now available, Mr.

Vivek Arote, learned Advocate for the Applicant, on instructions from

the Applicant, seeks leave to withdraw the present Bail Application to

avail the liberty granted by this Court on 05.01.2026, in Criminal Bail

Application 3049 of 2025, before the Trial Court.



6.      Mrs. S. N. Deshmukh, learned APP for the Respondent-State,

submits that the recourse suggested by Mr. Vivek Arote, learned

Advocate for the Applicant, would be proper.




Arjun                                2
                                                                                       504.doc



                     7.      In view of the above, leave is granted to withdraw the present

                     Bail Application.



                     8.      The Applicant is at liberty to renew his request for bail by filing

                     a fresh Bail Application before the Trial Court.



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

                     considered on its own merits and in accordance with law.



                     10.     Criminal Bail Application No. 704 of 2026 is disposed of as

                     withdrawn.



                                                                     (ASHWIN D. BHOBE, J.)



        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.10
        14:10:20
        +0530




                     Arjun                              3


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