Created by Fuzzy Cloud

Bombay High Court

AVI ALIAS ANIKET ARJUN PATILversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and granted the applicant liberty to approach the trial court with a fresh bail application.

Summary

The applicant, Avi Alias Aniket Arjun Patil, filed a bail application (Criminal Bail Application No. 829 of 2026) seeking release on bail for an FIR (No. 191/2026) registered under sections 109, 115(2), 352 and 351(2) of the Bombay Police Act. The applicant’s counsel requested to withdraw the bail application so that a fresh application could be filed directly before the trial court. The respondent’s counsel did not oppose the request. The Court, after hearing the parties, granted leave to withdraw the bail application and allowed the applicant to approach the trial court with a fresh application. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a bail application pending before the High Court can be withdrawn at the request of the applicant.
  • Whether the applicant may be granted liberty to file a fresh bail application before the trial court after withdrawal.

Legislation cited

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial court
  • liberty

Judgment

                                                            72-BA-829-2026 (CR).docx


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

                     CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL BAIL APPLN. NO. 829 OF 2026

Avi Alias Aniket Arjun Patil                            …...Applicant
                     Versus
The State Of Maharashtra And Ors.                       …...Respondents


                                  ——————
Mr. Girish Mujumdar a/w. Mr. Mr. Viraj V. Nalawade, Mr. Sandip Magar, Ms.
Sharvari Tipugade & Ms. Tanvi Lad for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for Respondent Nos.1 & 2-State.
                                  ——————

                                   Coram :       ASHWIN D. BHOBE, J.

                                   Date      :   21st September 2026.

PER COURT :


1.     This matter is listed at Sr. No. 72 on the ‘Daily Cause List’.


2.     At 10:30 a.m., Mr. Girish Majumdar, learned Advocate for the

Applicant, made a request to take up this matter out of turn. At his request

and with the consent of Mr. Chaudhari, learned A.P.P. for the Respondent

Nos.1 & 2-State, this Bail Application was taken up out of turn.


3.     By the present Application, the Applicant has sought the following

relief :



osk                                 1 of 2
                                                                                72-BA-829-2026 (CR).docx


                               “b.     The Applicant above named may please be released on bail
                                       in the matter of F.I.R. bearing No. 191/2026 registered
                                       with Natepute Police station under section 109, 115(2),
                                       352 and 351(2) of B.N.S. on such terms and conditions as
                                       this Hon'ble court may deem fit and proper.”



                        4.    Mr. Girish Majumdar, learned advocate for the Applicant, by referring

                        to order dated 5th August 2026 passed by this Court in Criminal Bail

                        Application No. 724 of 2026, seeks leave to withdraw this Bail Application to

                        approach the Trial Court with a fresh Bail Application. Mr. Chaudhary,

                        learned A.P.P. for the Respondent Nos.1 & 2-State, does not oppose the said

                        request.


                        5.    In view of the statement made by Mr. Girish Majumdar, learned

                        advocate for the Applicant, leave is granted to withdraw this Bail Application

                        with liberty as prayed.


                        6.    In view of the above, Criminal Bail Application No. 829 of 2026 is

                        disposed of as withdrawn with aforesaid liberty.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.21
           20:13:37
           +0530




                        osk                              2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.