Bombay High Court
RUTUJA VIRENDRASINH KATKARversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The bail application is allowed to be withdrawn, and the applicant may file a fresh bail application within five days, with the trial court directed to dispose of it expeditiously.
Summary
The applicant, a 25‑year‑old law graduate, filed a criminal bail application (No. 736 of 2026) before the trial court prior to the filing of the charge‑sheet. After the charge‑sheet (Crime No. 423 of 2026) was filed, the applicant sought to withdraw the pending bail application and file a fresh one within five days, citing the risk of losing his job. The State, through its counsel, did not oppose the withdrawal and agreed to cooperate for an early disposal of the fresh application. The High Court granted leave to withdraw the bail application and directed that a fresh bail application be filed within five days, with the trial court ordered to dispose of it within fifteen days of the first hearing. Consequently, the bail application No. 845 of 2026 was marked as withdrawn.
Issues considered
- Whether a bail application filed before the filing of a charge‑sheet may be withdrawn and a fresh bail application filed thereafter.
Subjects
- bail
- withdrawal
- fresh bail application
- charge sheet
- expeditious disposal
- criminal procedure
Judgment
7-BA-845-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 845 OF 2026
Rutuja Virendrasinh Katkar … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents
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Mr. Ritesh M. Thobde i/b. Mr. Rajpurohit Darshan Singh for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for the Respondents-State.
Officer : WAPI Ms. Anita Pawar, Rajarampuri Police Station, present.
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Coram : ASHWIN D. BHOBE, J.
Date : 8th September 2026.
PER COURT :
1. Heard, Mr. Ritesh M. Thobde, learned Advocate for the Applicant and
Mr. Chaudhari, learned APP for the Respondents-State.
2. By the present Application, the Applicant has sought the following
reliefs :
“b) The Applicant may be released on bail in C.R. No.
423/2026 registered with Rajarampuri Police Station,
Kolhapur, on such terms and conditions which the Hon'ble
Court may deem fit.”
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3. Mr. S. S. Chaudhari, learned APP for the Respondent - State, states that
the Criminal Bail Application No. 736 of 2026 filed by the Applicant before
the Trial Court was filed prior to the filing of the chargesheet. Mr. S. S.
Chaudhari, learned APP on specific instructions from the Investigation
Officer, Ms. Anita Pawar, WAPI (who is present in Court), states that the
investigation is complete and that the chargesheet in Crime No. 423 of 2026
has been filed before the Court having jurisdiction.
4. In view of the statement made by Mr. Chaudhari, learned APP for the
Respondents - State, Mr. Ritesh M. Thobde, learned Advocate for the
Applicant, on instructions from the Applicant, seeks leave to withdraw the
present Application with liberty to file a fresh bail application before the Trial
Court in view of the subsequent event, namely the filing of the chargesheet in
Crime No. 423 of 2026.
5. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, further
submits that the Applicant is a 25-year-old law graduate employed with
‘Wolters Kluwer’. He submits that the Applicant has been called upon to join
the job at the earliest, failing which the Applicant faces the risk of removal
from service. He, therefore, requests that the Trial Court be directed to decide
the fresh bail application expeditiously within a stipulated time. Mr. Ritesh M.
Thobde states that a fresh Bail Application will be filed within five (5) days
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from today.
6. Mr. S. S. Chaudhari, learned APP, does not oppose the request made by
Mr. Thobde, learned Advocate for the Applicant, for withdrawal of this Bail
Application and filing of a fresh Bail Application before the Trial Court. He on
instructions submits that the prosecution will cooperate in the early disposal
of the fresh Bail Application if the Applicant files it before the Trial Court.
7. In view of the statement made by Mr. Ritesh M. Thobde, learned
Advocate for the Applicant, leave is granted to the Applicant to withdraw this
Bail Application, with liberty as prayed for.
8. If a fresh Bail Application is filed by the Applicant before the Trial
Court within five (5) days from today, then, in the peculiar facts of this case,
the Trial Court is requested to make an endeavour to dispose of the said
Application expeditiously and at any rate, within a period of fifteen (15) days
from the first date of hearing in the said Application.
9. Criminal Bail Application No. 845 of 2026 stands disposed of as
withdrawn.
Digitally signed [ ASHWIN D. BHOBE, J. ]
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.09
13:15:10 +0530
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