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Bombay High Court

AMIT ULHAS GAIKWADversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application, granting the applicant liberty to seek bail before the trial court.

Summary

The applicant, Amit Ulhas Gaikwad, filed a criminal bail application (No. 706 of 2026) in connection with Crime No. 430 of 2024. Earlier, this Court had, on 22 January 2026, granted him liberty to renew his bail request after six months. The applicant now sought to withdraw the present bail application to avail of that liberty before the trial court. The State opposed, contending the liberty must be exercised before the trial court at the first instance. The Court, accepting the applicant's counsel’s statement, granted leave to withdraw the application. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw the present bail application and avail the liberty previously granted to seek bail before the trial court

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • liberty to renew bail
  • trial court

Judgment

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                                                                                           503-BA-706-2026(CR).DOC


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

                                                        CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL BAIL APPLICATION NO. 706 OF 2026

                                   Amit Ulhas Gaikwad                                        ….Applicant
                                         VERSUS
                                   The State Of Maharashtra and Ors.                         ....Respondents

                                   _________________________________________________________________


                                   Mr. Santosh Mane i/b Mr. Parvej Nadaf, for Applicant.
                                   Ms. Shubhangi N. Deshmukh, APP, for the Respondent-State.
                                   _________________________________________________________________


           Digitally signed
           by SHANTANU
SHANTANU SHANKARSA
          DHUDUM
SHANKARSA
DHUDUM    Date:
          2026.09.03
           20:32:47
           +0530
                                                        CORAM      :   ASHWIN D. BHOBE, J.
                                                        DATE       :   3rd SEPTEMBER, 2026.
                                   P.C.


                                   1.          This Application is circulated pursuant to the praecipe dated 3 rd

                                   September, 2026. The same is taken on record and marked as “X” for

                                   identification. In view of the request made by Mr. Santosh Mane, learned

                                   Advocate for the Applicant, this Application is ordered to be placed on the

                                   “Production Board”.


                                   2.          By the present Application, the Application is seeking bail in

                                   connection with Crime No.430 of 2024 registered with Rajrampuri Police

                                   Station, Kolhapur.




                          Shantanu S. Dhudum
                                               2/2
                                                                 503-BA-706-2026(CR).DOC


         3.          Mr. Santosh Mane, learned Advocate for the Applicant states that

         by order dated 22nd January, 2026, passed in Criminal Bail Application

         No.99 of 2025, this Court had granted liberty to the Applicant to renew his

         request for bail after a period of six months. He submits that the Applicant

         intends to avail of the said liberty before the Trial Court and, therefore,

         seeks leave to withdraw the present Application.


         4.          Ms. Shubhangi N. Deshmukh, learned A.P.P. for the Respondent-

         State, submits that the liberty granted by this Court vide order dated 22 nd

         January, 2026 is required to be availed of before the Trial Court at the first

         instance.


         5.          In view of the statement made by Mr. Santosh Mane, learned

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

         Application with liberty as prayed for.


         6.          Criminal Bail Application No.706 of 2026 is disposed of as

         withdrawn.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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