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Bombay High Court

PIYUSH RAMESH CHAVANversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The bail application is dismissed as infructuous because the applicant had already been released on default bail.

Summary

The applicant, Piyush Ramesh Chavan, filed a bail application in connection with Crime No. 464 of 2026 registered at Phaltan Rural Police Station. The applicant's counsel submitted a copy of an order dated 1 October 2026 showing that the applicant had already been released on default bail by the Judicial Magistrate First Class, Phaltan. Relying on this, the counsel requested that the bail application be declared infructuous and disposed of. The State's counsel did not oppose the request. The High Court, after noting the submission, dismissed the bail application as infructuous, effectively confirming that no further bail order was required.

Issues considered

  • Whether a bail application is maintainable when the accused has already been released on default bail

Subjects

  • bail
  • default bail
  • criminal procedure
  • application dismissed
  • infructuous

Judgment

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                                                                                 95-BA-812-2026 (CR).DOC


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

                                           CRIMINAL APPELLATE JURISDICTION


                                          CRIMINAL BAIL APPLN. NO. 812 OF 2026

                        Piyush Ramesh Chavan                                 …...Applicant
                              VERSUS
                        The State Of Maharashtra And Anr.                      …...Respondents

                        _________________________________________________________________


                        Mr. Abhijeet P. Chabukswar, for Applicant.
                        Mr. S. H. Yadav, A.P.P., for Respondent Nos.1 and 2 - State.
                        _________________________________________________________________


          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
                                            CORAM       :   ASHWIN D. BHOBE, J.
          2026.10.05
          17:17:47
          +0530
                                            DATE        :   5th OCTOBER, 2026.
                        P.C.


                        1.          This Application is at Serial No.95 on the Daily Cause List. At

                        10:30 a.m., Mr. Abhijeet P. Chabukswar, learned Advocate for the Applicant

                        mentions the matter and requests that it be taken up out of turn. At his

                        request, this Application is taken up out of turn.


                        2.          Heard Mr. Abhijeet P. Chabukswar, learned Advocate for the

                        Applicant and Mr. S. H. Yadav, learned A.P.P., for Respondent Nos.1 and 2 –

                        State.




               Shantanu S. Dhudum
                                               2/2
                                                                95-BA-812-2026 (CR).DOC


         3.          By this Application, the Applicant seeks bail in connection with

         Crime No. 464 of 2026 registered at Phaltan Rural Police Station, District

         Satara.


         4.          Mr. Abhijeet P. Chabukswar, learned Advocate for the Applicant,

         tenders a photostat copy of the order dated 1st October 2026 passed by the

         Judicial Magistrate First Class, Phaltan, in Crime No. 464 of 2026. The

         same is taken on record and marked as “X” for identification.


         5.          Mr. Abhijeet P. Chabukswar, learned Advocate for the Applicant,

         by relying on the said order, states that the Applicant has been released on

         default bail. He, therefore, submits that this Bail Application is rendered

         infructuous and requests for disposal of the same.


         6.          Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 –

         State, does not oppose the request made by Mr. Abhijit P. Chabukswar,

         learned Advocate for the Applicant.


         7.          In view of the statement made by Mr. Abhijit P. Chabukswar,

         learned Advocate for the Applicant, this Bail Application No.812 of 2026 is

         dismissed as infructuous.




                                                     ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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