Bombay High Court
DEEPAK JAIRAM SAMALversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The court held that the bail application may be withdrawn with liberty to file a fresh application, and dismissed the present application as withdrawn.
Summary
The applicant, Deepak Jairam Samal, filed a criminal bail application which was challenged by the State on the ground of discrepancies in a document titled “Particulars for Disclosure”. The applicant’s counsel sought permission to withdraw the bail application and file a fresh one. The State’s counsel did not oppose the withdrawal. The court noted that this was the second withdrawal request, the first being in bail application No. 3736 of 2025, and allowed the withdrawal with liberty to re‑apply, dismissing the present application as withdrawn.
Issues considered
- Whether a criminal bail application can be withdrawn at the request of the applicant despite objections raised by the State.
- Whether the court may grant liberty to file a fresh bail application after withdrawal.
Subjects
- criminal bail
- withdrawal of application
- procedural defect
- court discretion
- bail jurisprudence
Judgment
10-BA-824-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 824 OF 2026
Deepak Jairam Samal … Applicant
Versus
The State of Maharashtra & Anr. … Respondents
——————
Mr. Saurabh P Tandale for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for the Respondents-State.
Officer : HC/1837 Mr. Atul S. Ghadge, LCB, Solapur R., present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 4th September 2026.
PER COURT :
1. Mr. Chaudhari, learned A.P.P. for the Respondents-State at the outset
points out to a document i.e. page Nos.9 & 10 - “Particulars for Disclosure”
and submits that the document, which forms a part of the Court record in this
Bail Application and the document furnished to the Office of the Public
Prosecutor have material discrepancies.
2. Faced with the said objection Mr. Saurabh Tandale, learned Advocate
for the Applicant, on instructions, seeks leave to withdraw the present Bail
Application with liberty to file a fresh Bail Application.
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10-BA-824-2026 (CR).docx
3. Mr. S.S. Chaudhari, learned A.P.P. does not oppose the request made by
Mr. Saurabh Tandale, learned Advocate for the Applicant.
4. This is the second time a request for withdrawal is made by the
Applicant, which is evident from the order dated 9 th March 2026 passed by
this Court in the earlier Criminal Bail Application No. 3736 of 2025, however
as the request for withdrawal is made by Mr. Saurabh Tandale, learned
Advocate for the Applicant, this Application is permitted to be withdrawn
with liberty to file a fresh Bail Application in accordance with law.
5. Criminal Bail Application No. 824 of 2026 is dismissed as withdrawn.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.04
21:24:56
+0530
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