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Bombay High Court

SUNIL SHRIHARI SHINDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the bail application and dismissed it as withdrawn.

Summary

The applicant, Sunil Shrihari Shinde, was detained in connection with CR No. 27 of 2019. He had previously filed two bail applications (Nos. 881 of 2022 and 270 of 2026) which were rejected. In the present application (No. 851 of 2026) he sought to withdraw the bail petition, a request unopposed by the State. The learned counsel for the applicant sought leave to unconditionally withdraw, and the court, after noting the request, granted leave to withdraw. Consequently, the bail application was dismissed as withdrawn.

Issues considered

  • Whether the applicant may withdraw a bail application under Section 439 of the Code of Criminal Procedure

Legislation cited

Subjects

  • bail
  • withdrawal
  • Section 439
  • Criminal Procedure
  • High Court
  • Kolhapur

Judgment

                                                            2-BA-851-2026 (CR).docx


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

                       CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL BAIL APPLN. NO. 851 OF 2026

Sunil Shrihari Shinde                                  … Applicant
                       Versus
The State of Maharashtra & Anr.                        … Respondents


                                   ——————
Mr. Shreyas P. Barsawade for the Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondent-State.
                                   ——————

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   11th September 2026.

PER COURT :


1.    Heard Mr. Shreyas Barsawade, learned Advocate for the Applicant.


2.    By the present Applicant, the Applicant has sought for the following

substantive relief.


         (ii) This Hon'ble Court may kindly be pleased to exercise its
               concurrent jurisdiction as enshrined under the provisions of
               Section 439 of the Code of Criminal Procedure, and by virtue
               of the exercise of the aforesaid jurisdiction vested in it, this
               Hon'ble Court may kindly be pleased to direct the
               respondent above named to kindly enlarge the above-named


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                                     applicant on bail who has been detained in connection with
                                     C.R. No. 27 of 2019 duly registered with Gokul Shirgaon
                                     Police Station, Kolhapur.

                     3.       The record indicates that, Criminal Bail Application No. 881 of 2022

                     (First Bail Application) was rejected on 18 th June 2024 and Bail Application

                     No. 270 of 2026 (Second Bail Application) was rejected on 9th April 2026.


                     4.       Mr. Shreyas Barsawade, learned Advocate for the Applicant, on

                     instructions from the Applicant, seeks leave to unconditionally withdraw the

                     present Bail Application. This request is not opposed by Dr. Takalkar, learned

                     A.P.P. for the Respondents-State.


                     5.       In view of the statement made by Mr. Shreyas Barsawade, learned

                     Advocate for the Applicant, leave is granted to withdraw the present Bail

                     Application.


                     6.       Criminal Bail Application No. 851 of 2026 is dismissed as withdrawn.




                                                             [ ASHWIN D. BHOBE, J. ]

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.11
           17:03:29
           +0530




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