Bombay High Court
IRANNA CHANBASAPPA BIRAJDARversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The Court permitted the withdrawal of the bail application and granted liberty to file a fresh bail application later, disposing the present application as withdrawn.
Summary
Iranna Chanbasappa Birajdar, a 25‑year‑old, was charged under sections 64, 65(1), 351(3) of the Bharatiya Nyaya Sanhita and sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012. He filed a bail application (Criminal Bail Application No. 825 of 2026) seeking release. His counsel requested permission to withdraw the present application and, if the trial showed no progress within six months, to file a fresh bail application before the trial court. The State’s counsel did not oppose the request. The Court, considering the applicant’s age and the circumstances, allowed the withdrawal and granted liberty to file a fresh bail application later, directing that any such application be decided on its merits. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- What is the appropriate procedure when a bail applicant seeks to withdraw the pending bail application and file a fresh one later?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 351(3), 64, 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8
Subjects
- bail
- withdrawal of application
- criminal procedure
- Bharatiya Nyaya Sanhita
- POCSO Act
- age of accused
Judgment
11-BA-825-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 825 OF 2026
Iranna Chanbasappa Birajdar … Applicant
Versus
The State of Maharashtra & Ors. … Respondents
——————
Mr. Vikrant V. Phatate for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent Nos.1 & 3-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 4th September 2026.
PER COURT :
1. Heard Mr. Vikrant Phatate, learned Advocate for the Applicant and Mr.
Nitin Patil, learned A.P.P. for the Respondent Nos.1 & 3-State.
2. The Applicant has sought for the following substantive relief :
“b) The Applicant be enlarged on bail arising out of C.R. No. 111 of
2026 for offences punishable under section 64, 65 (1), 351(3)
of Bharatiya Nyaya Sanhita & u/sec. 4, 8, 12 of Protection of
Children from Sexual Offenses Act, 2012 registered with
Akkalkot South Police Station, District Solapur on such terms
and conditions as this Hon'ble Court may deems fit and proper.”
osk 1 of 2
11-BA-825-2026 (CR).docx
3. Mr. Vikrant Phatate, learned Advocate for the Applicant submits that
the Applicant is 25 years of age. He on instructions from the Applicant seeks
leave to withdraw the present Application with liberty to file a fresh Bail
Application before the Trial Court after a period of six months in the event
there is no progress in the Trial. This request is not opposed by Mr. Nitin
Patil, learned A.P.P. for the Respondent Nos.1 & 3-State.
4. Considering the age of the Applicant and the allegations against the
Applicant, the request made by Mr. Vikrant Phatate, learned Advocate for the
Applicant appears to be reasonable.
5. In view of the above, in the event, if there is no progress in the trial in
Crime No. 111 of 2026, then the Applicant is at liberty to apply for fresh Bail
Application before the Trial Court. If such Bail Application is filed, it be
considered on its own merits and in accordance with law.
6. Criminal Bail Application No. 825 of 2026 is disposed of as withdrawn.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.04
21:08:04
+0530
osk 2 of 2
Checking your session…