Bombay High Court
SIDDHIVINAYAK VISHNU KUDALKARversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Dismissed as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and directed that a fresh application be filed after the charge‑sheet.
Summary
The applicant, Siddhivinayak Vishnu Kudalkar, filed a bail application (Criminal Bail Application No. 834 of 2026) seeking release on bail for an FIR (No. 257 of 2026) registered under Section 108 of the Bharatiya Nyaya Sanhita. The investigating officer informed the court that the investigation was complete and the charge‑sheet would be filed by 15 September 2026. The applicant’s counsel requested permission to withdraw the pending bail application and to file a fresh bail application after the charge‑sheet is filed, a request unopposed by the State. The Court, after considering the submission, granted leave to withdraw the present bail application and directed that any fresh application be considered on its own merits after the charge‑sheet is filed. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a bail application filed during the investigation can be withdrawn and a fresh application filed after the charge‑sheet.
- Whether the court may grant liberty to the applicant to file a fresh bail application post charge‑sheet.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108
Subjects
- bail
- criminal procedure
- investigation
- charge sheet
- withdrawal of application
- Section 108
- Bharatiya Nyaya Sanhita
Judgment
7 - BA - 834 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally
signed by
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
2026.09.07
19:46:24
CRIMINAL BAIL APPLICATION NO. 834 OF 2026
+0530
Siddhivinayak Vishnu Kudalkar … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
Mr. Mihir Mondkar with Mr. Swapnil Kolgaonkar and Mr.
Sanket Nevgi for the Applicant.
Mr. S. S. Choudhari, APP for the State.
Mr. Pramod B. Kalsekar, Head Constable, Kudal Police
Station, Sindhudurg is present.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 7, 2026
P.C.:
1. By the present Application, the Applicant has sought for the
following substantive relief:
“A. To release the applicant on bail in connection with FIR being No.257
of 2026 dated 28.07.2026 registered at Kudal Police Station, Dist. Sindhudurg
alleging commission of offences punishable U/s 108 of the Bharatiya Nyaya
Sanhita;”
2. Mr. S. S. Choudhari, on instructions from the concerned
Investigating Officer, states that the investigation is complete and that
the charge-sheet will be filed on or before 15th September 2026.
3. In view of the said statement, Mr. Mihir Mondkar, learned
Advocate for the Applicant, states that, as Criminal Bail Application No.
VRJ 1
7 - BA - 834 - 2026.docx
152 of 2026 was filed during the ongoing investigation, the Applicant,
on instructions, seeks leave to withdraw the present Application with
liberty to file a fresh Bail Application before the Trial Court after the
filing of the charge-sheet. This request is not opposed by Mr. S. S.
Choudhari, learned APP for the State.
4. In view of the statement made by Mr. Mihir Mondkar, learned
Advocate for the Applicant, leave is granted to withdraw the present
Bail Application with liberty as prayed for.
5. If a fresh Bail Application is filed upon the filing of the charge-
sheet in Crime No. 257 of 2026 registered with Kudal Police Station, the
same be considered on its own merits and in accordance with law.
6. Criminal Bail Application No. 834 of 2026 stands disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
VRJ 2
Checking your session…