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Bombay High Court

MANGESH SHRIKANT KAMBLEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and ordered that a fresh bail application be filed before the trial court.

Summary

Mangesh Shrikant Kamble applied for bail in Criminal Revision No.568 of 2024. While the bail application was pending, the investigation concluded and a charge-sheet was filed. The applicant, through counsel, sought permission to withdraw the bail application and instead file a fresh bail petition before the trial court. The State, represented by its A.P.P., did not oppose the withdrawal. The Court, after hearing both sides, granted leave to withdraw the bail application and directed that any new bail application be considered on its merits, disposing the present application as withdrawn.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn after the charge-sheet has been filed.
  • Procedural requirements for withdrawing a bail application and filing a fresh one before the trial court.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • charge-sheet
  • trial court
  • fresh application

Judgment

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                                                                                          62-BA-756-2026 (CR).DOC


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

                                                    CRIMINAL APPELLATE JURISDICTION

                                                  CRIMINAL BAIL APPLN. NO. 756 OF 2026

                                Mangesh Shrikant Kamble                               …...Applicant
                                      VERSUS
                                The State Of Maharashtra And Anr.                     …...Respondents

                                _________________________________________________________________


                                Mr. Rajendra Mane a/w Adv. Salma Nadaf, Ms. Vrushali Shinde, Ms.
                                Pradnya Siddhavagol and Adv. Kedar Mane, for Applicant.
                                Mr. S. S. Chaudhari, A.P.P., for Respondent Nos.1 and 2 - State.
                                _________________________________________________________________
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.10.06
          20:32:20
          +0530

                                                    CORAM        :   ASHWIN D. BHOBE, J.
                                                    DATE         :   6th OCTOBER, 2026.
                                P.C.


                                1.          This Application is listed at Serial No. 62 on the Daily Cause List.

                                At the time of rising of the Court, Mr. Rajendra Mane, learned Advocate for

                                the Applicant, requests that the matter be taken up out of turn.


                                2.          At the request of Mr. Rajendra Mane and with the consent of Mr.

                                S. S. Chaudhari, learned A.P.P. for Respondent Nos.1 and 2 – State, this

                                Application is taken up at 5:30 p.m. out of turn.


                                3.          By the present Application, the Applicant has sought the

                                following substantial relief:



                       Shantanu S. Dhudum
                                                2/2
                                                                    62-BA-756-2026 (CR).DOC


              “(1) That this Hon’ble Court may be kind enough to release
                     Mangesh Shrikant Kamble on bail in C.R. No.568 of 2024
                     registered with Sangli City Police Station, Sangli.”




         4.          Mr. Rajendra Mane, learned Advocate for the Applicant, states

         that during the pendency of this Application, the investigation is complete

         and the charge-sheet has been filed. He, therefore, on instructions from the

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

         to approach the Trial Court with a fresh Bail Application.


         5.          This request is not opposed by Mr. S. S. Chaudhari, learned A.P.P.

         for Respondent Nos.1 and 2 – State.


         6.          In view of the statement made by Mr. Rajendra Mane, leave is

         granted to withdraw the present Bail Application with liberty as prayed for.


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

         considered on its own merits and in accordance with law.


         8.          Criminal Bail Application No.756 of 2026 is disposed of as

         withdrawn.




                                                        ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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