Bombay High Court
BHARAT ALIAS MADHU RANGRAO DHANEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Dismissed as Withdrawn
Holding
The court permitted withdrawal of the bail application and granted liberty to file a fresh bail application after the examination of material witnesses or after ten months from the next trial date.
Summary
The applicant, Bharat alias Madhu Rangrao Dhane, sought bail under Section 483 of the Bharatiya Nyaya Sanhita, 2023 for offences under Sections 103(1) and 238, pending before the Additional Sessions Judge, Satara. The prosecution expressed apprehension that the applicant might threaten material witnesses, and the trial court had not yet granted bail. The applicant’s counsel requested to withdraw the bail application, seeking liberty to file a fresh application after the ten material witnesses are examined or after ten months from the next hearing date. The State’s counsel did not oppose this request. The High Court allowed the withdrawal, granted the liberty to file a fresh bail application under the stipulated conditions, and ordered that the order be placed before the trial court.
Issues considered
- Whether the bail application can be withdrawn at the applicant’s request.
- Whether the applicant should be permitted to file a fresh bail application after witness examination or after a specified time period.
- Whether the threat to witnesses justifies denial of bail at this stage.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 483
Subjects
- bail
- criminal procedure
- threat to witnesses
- withdrawal of application
- fresh bail application
- witness examination
- Indian criminal law
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAIBHAV
RAMESH
CIRCUIT BENCH AT KOLHAPUR
JADHAV
Digitally signed by
VAIBHAV RAMESH
CRIMINAL APPELLATE JURISDICTION
JADHAV
Date: 2026.08.24
16:22:10 +0530
CRIMINAL BAIL APPLICATION NO. 783 OF 2026
Bharat Alias Madhu Rangrao Dhane …Applicant
Versus.
The State of Maharashtra And Anr. …Respondents
Mr. Shivaji Bankar i/by Mr. Marutirao Deshmukh for the
Applicant.
Ms. Shubhangi N. Deshmukh, APP for the State.
Mr. Santosh Kadam, A.S.I., Borgaon Police Station, Satara is
present.
CORAM : ASHWIN D. BHOBE, J.
DATE : AUGUST 21, 2026.
P.C. :
1. Heard, Mr. Shivaji Bankar, learned Advocate for the Applicant,
and Ms. Shubhangi N. Deshmukh, learned APP for the State.
2. By the present Application filed under Section 483 of BNSS 2023,
the Applicant has sought the following substantive relief:-
“(b) This Hon’ble Court may be pleased to enlarge the Applicant Bharat
alias Madhu Rangrao Dhane on bail in connected with C.R. No.297 of 2025
registered with Borgaon Police Station, District Satara, for offences
punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita,
2023 and which has been numbered as Sessions Case No. 56/2026 pending
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on the file of Additional Sessions Judge, Satara, on such terms and conditions
as this Hon’ble Court may deem fit and proper;”
3. Mr. Shivaji Bankar, learned Advocate for the Applicant, states
that the Applicant is the sole accused in C.R. No. 297 of 2025 registered at
Borgaon Police Station, District Satara. He further states that Crime No.
297 of 2025 is registered as Sessions Case No. 56 of 2026, and that the
same is pending before the Additional Sessions Judge, Satara (“Trial
Court”).
4. Ms. Shubhangi N. Deshmukh, learned APP for the State, by
referring to the Order dated 18th July 2026 passed by the Trial Court on
the Bail Application at Exhibit 5 filed by the Applicant in Sessions Case
No. 56 of 2026, submits that the Trial Court has recorded the
apprehension of the prosecution that the Applicant is a threat to the
witnesses in C.R. No. 297 of 2025 and has found substance in that
apprehension.
5. Ms. Shubhangi N. Deshmukh, learned APP for the State, on
instructions, states that the prosecution proposes to commence the trial
by examining the ten (10) material witnesses in C.R. No. 297 of 2025.
She further submits that upon the examination of the said material
witnesses in Sessions Case No. 56 of 2026, the Applicant may approach
the Trial Court by filing a fresh Bail Application, which the Trial Court
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may consider after hearing the prosecution in Sessions Case No. 56 of
2026.
6. Mr. Shivaji Bankar, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the present
Bail Application, agreeing to the submission made by Ms. Shubhangi N.
Deshmukh, learned APP for the State, with liberty to file a fresh Bail
Application before the Trial Court after the examination of the ten (10)
material witnesses in Sessions Case No. 56 of 2026, as referred to by
Ms. Shubhangi N. Deshmukh, learned APP for the State.
7. Mr. Shivaji Bankar, learned Advocate for the Applicant, further
requests that in the event the examination of the said ten (10) material
witnesses in Sessions Case No. 56 of 2026 is not completed within ten
(10) months from today, the Applicant may also be granted liberty to
file a fresh Bail Application before the Trial Court. This request is not
opposed by Ms. Shubhangi N. Deshmukh, learned APP for the State.
8. Ms. Shubhangi N. Deshmukh, learned APP for the State, states
that the next date fixed before the Trial Court in Sessions Case No. 56 of
2026 is 25th August 2026.
9. In view of the statement made by Mr. Shivaji Bankar, learned
Advocate for the Applicant, leave is granted to withdraw the present
Bail Application, with liberty to file a fresh Bail Application upon the
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prosecution examining the ten (10) material witnesses in Sessions Case
No. 56 of 2026, or upon expiry of ten (10) months from the next date
(25th August 2026) fixed before the Trial Court. If a fresh Bail
Application is filed before the Trial Court, it shall be considered on its
own merits and in accordance with law.
10. Ms. Shubhangi N. Deshmukh, learned APP for the State, submits
that the prosecution will make an effort to complete the examination of
the said material witness at the earliest. She submits that the Applicant
should cooperate in the matter.
11. Mr. Shivaji Bankar, learned Advocate for the Applicant, states that
the Applicant shall cooperate with the Trial Court and the examination
of witnesses in Sessions Case No. 56 of 2026. He further states that no
adjournment shall be sought on behalf of the Applicant when witnesses
are summoned before the Trial Court in Sessions Case No. 56 of 2026.
12. Mr. Shivaji Bankar, learned Advocate for the Applicant, states that
copy of this order shall be placed before the Trial Court in Sessions Case
No. 56 of 2026 on the next date (25th August 2026).
13. Bail Application No. 783 of 2026 is disposed of as withdrawn.
(ASHWIN D. BHOBE, J.)
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