Bombay High Court
MAHADEV GURUNATH VIBHUTEversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The court allowed the withdrawal of the bail application, granting liberty to file a fresh application before the trial court.
Summary
The applicant, Mahadev Gurunath Vibhute, filed a criminal bail application (No. 821 of 2026) seeking release on bail in a pending case (C.R. No. 411/2026). The applicant's counsel informed the court that the investigation was ongoing and a chargesheet was expected soon, and therefore requested permission to withdraw the current bail application and file a fresh one after the chargesheet is filed. The State's counsel did not oppose the request. The court, after hearing the submissions, granted leave to withdraw the bail application with liberty to file a fresh application before the trial court. The withdrawn bail application was subsequently marked as disposed.
Issues considered
- Whether a bail application may be withdrawn and a fresh application filed later when the chargesheet is filed
Subjects
- bail
- criminal procedure
- withdrawal of application
- chargesheet
- pending investigation
Judgment
7-BA-821-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 821 OF 2026
Mahadev Gurunath Vibhute … Applicant
Versus
The State of Maharashtra & Anr. … Respondents
——————
Mr. Ritesh M. Thobde a/w. Mr. Rajpurohit Darshan Singh for the Applicant.
Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
Officer : GPSI Mr. S.S. Gholve, Solapur Taluka Police Station, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 4th September 2026.
PER COURT :
1. Heard Mr. Ritesh Thobde, learned Advocate for the Applicant and Ms.
S.N. Deshmukh, learned A.P.P. for the Respondents-State.
2. By the present Application, the Applicant has sought for the following
substantive relief :
“(b) The Applicant may be released on bail in C.R. No. 411/2026
registered with Solapur Taluka Police Station, Dist. -
Solapur, on such terms and conditions which the Hon'ble
Court may deem fit.”
osk 1 of 2
7-BA-821-2026 (CR).docx
3. Mr. Ritesh Thobde, learned Advocate for the Applicant submits that the
investigation is still ongoing and chargesheet is likely to be filed shortly. He
therefore on instructions from the Applicant seeks leave to withdraw the
present Application with liberty to file a fresh Bail Application before the Trial
Court upon the chargesheet being filed in Crime No. 411 of 2026. This
request is not opposed by Ms. S.N. Deshmukh, learned A.P.P. for the
Respondents-State.
4. In view of the statement made by Mr. Ritesh Thobde, learned Advocate
for the Applicant, leave is granted to withdraw the present Bail Application
with liberty as prayed. If a fresh Bail Application is filed before the Trial
Court, the same be considered on its own merits and in accordance with law.
5. Criminal Bail Application No. 821 is 2026 is disposed of as withdrawn.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.04
21:21:52
+0530
osk 2 of 2
Checking your session…