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Bombay High Court

GANESH NIVRUTTI MARNEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The bail application is allowed to be withdrawn with liberty to file a fresh application, and the Trial Court is directed to dispose of any such application within two months.

Summary

The appellant, Ganesh Nivrutti Marne, filed a bail application which remained pending before the Trial Court. Counsel for the appellant argued that several bail applications were pending without orders and sought permission to withdraw the current application, with liberty to file a fresh one, and requested the Trial Court to dispose of any such application promptly. The learned senior counsel for the State opposed the request. The Court, after considering the appellant's counsel submission, allowed the withdrawal of the bail application and granted liberty to file a fresh application. Additionally, the Court directed the Trial Court to dispose of any forthcoming bail application within two months, noting that the appellant had been in custody for over two years. The order was pronounced by Justice Shivkumar Dige on 4 March 2026.

Issues considered

  • Whether the bail application may be withdrawn with liberty to file a fresh application
  • Whether the Trial Court should be directed to dispose of the bail application expeditiously

Subjects

  • bail
  • withdrawal
  • trial court direction
  • criminal procedure
  • custody

Judgment

                                                                                 80-BA-854-2026.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO. 854 OF 2026

                                                Ganesh Nivrutti Marne
                                                        Versus
                                               The State of Maharashtra
                      _________________________________________________________________
                      Mr. Sudeep Pasbola i/b. Mr. Chinmay Godse along with Mr. Shrikant
                      Bhutkar, Advocate for the Applicant.
                      Mr. B. B.Kulkarni, APP for Respondent-State.
                      API-Dhawale, Crime Branch, Pune along with ASI-S.K. Dolas, present.
                      _________________________________________________________________

                                                          CORAM       :   SHIVKUMAR DIGE, J.
                                                          DATE        :   4th MARCH, 2026.
                      P.C. :

                      1.         Heard learned senior counsel for the applicant and learned APP

                      for respondent-State.

                      2.         Learned senior counsel for the applicant submits that various

                      bail applications are pending before the Trial Court, but no order is passed

                      in those applications.   Learned senior counsel further submits that the

                      applicant be permitted to withdraw the application with liberty to file fresh

                      bail application before the Trial Court. He submitted that direction be

                      given to learned Trial Court to dispose of the said bail application as early

                      as possible.

         Digitally
                      3.         Considering the submission of learned counsel for the applicant,
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:
         2026.03.06
                      the application is allowed to be withdrawn with aforesaid liberty.
         11:57:58
         +0530




                                                       Page 1 of 2
                                                           80-BA-854-2026.doc


Shubhada S Kadam




4.         As the applicant is behind bars for more than two years, the

Trial Court is requested to dispose of the bail application of the applicant,

if filed, as early as possible and preferably within two months from filing

of bail application.



                                               (SHIVKUMAR DIGE, J.)




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