Bombay High Court
UTTAM PRAKASH SARAWADEversusSTATE 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- Disposed off as Withdrawn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The Court held that the bail application may be withdrawn with liberty to file a fresh application, which will be adjudicated on its merits.
Summary
Uttam Prakash Sarawade applied for bail in a case registered under Section 103(1) of the Bombay Police Act, 2023. The trial court had earlier rejected his bail application on 15 November 2025, but the prosecution’s witnesses failed to support the case, indicating a change in circumstances. The applicant’s counsel sought permission to withdraw the pending bail application and to file a fresh one before the trial court. The State did not oppose this request. The High Court granted leave to withdraw the application, directing that any fresh bail application be considered on its own merits. Consequently, the bail application No. 826 of 2026 was disposed of as withdrawn.
Issues considered
- Whether a bail application can be withdrawn and a fresh application filed in light of changed circumstances
- Whether the change in prosecution evidence justifies granting bail
Legislation cited
- Bombay Police Act, 2023 — s. 103(1)
Subjects
- bail
- withdrawal of application
- change in circumstances
- criminal procedure
- Section 103(1) BNS 2023
- trial court
- fresh bail application
Judgment
12-BA-826-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 826 OF 2026
Uttam Prakash Sarawade … Applicant
Versus
The State of Maharashtra & Anr. … Respondents
——————
Mr. Abhijit R. Patil a/w. Ms. Reshma J. Adnaik for the Applicant.
Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 4th September 2026.
PER COURT :
1. Heard Mr. Abhijit Patil, learned Advocate for the Applicant and Ms.
Deshmukh, learned A.P.P. for the Respondents-State.
2. The Applicant has sought for the following substantive relief :
“a) This Hon'ble Court be pleased to direct that in connection
with CR no. 164 of 2025 registered on 11.03.2025 with
Jodbhavi Peth Police Station, District Solapur u/s. 103(1) of
BNS 2023, Applicant may kindly be released on bail on such
terms and conditions which may deem fit.”
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12-BA-826-2026 (CR).docx
3. Mr. Abhijit Patil, learned Advocate for the Applicant submits that the
Bail Application at Exhibit – 7 filed in Sessions Case No. 137 of 2025 was
rejected by the Trial Court on 15th November 2025. He submits that
subsequent thereto trial has commenced and witnesses are examined by the
prosecution. He submits that the prosecution witnesses have not supported
the case of the prosecution. He submits that the same would amount to
change in circumstances and therefore, on instructions from the Applicant, he
seeks leave to withdraw this Application with liberty to file a fresh Bail
Application before the Trial Court. This request is not opposed by Ms.
Deshmukh, learned A.P.P. for the Respondents-State.
4. In view of the statement made by Mr. Abhijit Patil, learned Advocate
for the Applicant, leave is granted to withdraw this Application with liberty to
file a fresh Bail Application before the Trial Court as prayed for.
5. If a fresh Bail Application is filed before the Trial Court, the same be
considered on its own merits and in accordance with law.
6. Criminal Bail Application No. 826 of 2026 is disposed of as withdrawn.
Digitally signed
[ ASHWIN D. BHOBE, J. ]
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.04
21:08:55 +0530
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