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Bombay High Court

SHANKAR POPAT SHINDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application before the trial court.

Summary

The applicant, Shankar Popat Shinde, a 21‑year‑old, filed a criminal bail application (No. 791 of 2026) seeking release on regular bail in connection with CR No. 238 of 2025. His counsel, Kunal V. Patil, requested permission to withdraw the present bail application and to file a fresh bail application before the trial court. The State, represented by Dr. A.A. Takalkar, raised no objection to the withdrawal. The Court, after considering the applicant’s age and the circumstances, granted leave to withdraw the bail application and allowed the applicant liberty to file a fresh bail application before the trial court after nine months if the trial shows no progress. The fresh application, if filed, will be considered on its own merits. The present bail application was consequently disposed of.

Issues considered

  • What procedural requirements must be satisfied for withdrawing a criminal bail application and filing a fresh one before the trial court?

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial court
  • fresh bail application
  • age of accused

Judgment

                                                          41-BA-791-2026 (CR).docx


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

                     CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL BAIL APPLN. NO. 791 OF 2026

Shankar Popat Shinde                                  … Applicant
                     Versus
The State Of Maharashtra And Anr.                     … Respondents


                                   ——————
Mr. Kunal V. Patil i/b. Ms. Durva V. Jadhav, Ms. Rajnandini Katkar for the
Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
Officer : PSI Shahbaj Shaikh, Bhudargad Police Station, present.
                                   ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   24th August 2026.

PER COURT :


1.     By the present Application, the Applicant has sought for the following

reliefs :


        “a)    Rule be issued;

        b)     That this Hon'ble Court be pleased to release the present
               Applicant on Regular Bail in connection with C.R. No. 238 of
               2025 registered with Bhudargad Police Station, Dist. Kolhapur
               on any such terms and conditions as this Hon'ble Court may
               deem fit and proper;


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                                                                                          41-BA-791-2026 (CR).docx




                                     c)     Any further relief as this Hon'ble Court may deem fit in the
                                            interest of justice, may kindly be passed.”


                              2.    Mr. Kunal Patil, learned Advocate for the Applicant submits that the

                              Applicant is a young boy. Mr. Kunal Patil, on instructions from the Applicant,

                              seeks leave to withdraw the present Bail Application with liberty to file a

                              fresh Bail Application before the Trial Court.


                              3.    Dr. Takalkar, learned A.P.P. for the Respondents-State submits that she

                              has no objection for withdrawal of the present Application and grant of

                              liberty to file a fresh Bail Application before the Trial Court.


                              4.    Considering that the Applicant who is aged 21 years as stated in the

                              cause title and by Mr. Kunal Patil, learned Advocate for the Applicant, leave is

                              granted to withdraw the present Bail Application with liberty to file a fresh

                              Bail Application before the Trial Court, after a period of nine months from

                              today, in the event there is no progress in the trial.


                              5.    If a fresh Bail Application is filed before the Trial Court, the same may

                              be considered on its own merits and in accordance with law.


                              6.    Criminal Bail Application No. 791 of 2026 is disposed of.

           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.08.24
                                                                      [ ASHWIN D. BHOBE, J. ]
           19:52:00 +0530




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