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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Dismissed as Withdrawn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  • Whether the bail application can be withdrawn at the applicant’s request.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

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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