Bombay High Court

NITIN DEVDAS WALAversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application, allowing the applicant to file a fresh application before the trial court.

Summary

The applicant, Nitin Devdas Wala, filed a bail application before the Bombay High Court seeking release on bail for offences under sections 316(5), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The applicant's counsel, S. B. Patil, later requested permission to withdraw the bail application and to file a fresh application before the trial court after the chargesheet is filed. The State's counsel, Mahalakshmi Ganapathy, did not oppose the withdrawal. The Court, after hearing the request, granted leave to withdraw the present bail application and directed that any fresh application be considered on its own merits. Consequently, Bail Application No. 858 of 2026 was disposed of as withdrawn.

Issues considered

Whether the bail application may be withdrawn at the applicant's request
Procedural requirements for filing a fresh bail application after the chargesheet

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 3(5)

Subjects

bail
withdrawal
criminal procedure
Bhartiya Nyaya Sanhita
High Court

Judgment

10-BA-858-2026.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 858 OF 2026

Nitin Devdas Wala ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. S. B. Patil i/b Digvijay Patil, Advocate for the Applicant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
Mr. Mithu Jagdale, Phaltan City Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 15th September, 2026.
P.C. :

1. Heard Mr. S. B. Patil, learned Advocate for the Applicant.

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

following substantive relief in terms of prayer clause (a):-

(a) That the applicant may kindly be released on bail in
connection with C.R. No. 276/2026 registered with the Phaltan
City Police Station, District – Satara, for the offences punishable
U/s. 316(5), 318(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023
on such terms and conditions as this Hon’ble Court may deem
fit just and proper;

3. After having heard the matter for some time, Mr. S. B. Patil,

learned Advocate for the Applicant, on instructions from the Applicant,

seeks leave to withdraw the present Bail Application with liberty to file

Arjun 1
10-BA-858-2026.docx

a fresh Bail Application before the Trial Court upon filing of the

chargesheet.

4. The request made by Mr. S. B. Patil, learned Advocate for the

Applicant, is not opposed by Ms. Mahalakshmi Ganapathy, learned APP

for the Respondent – State.

5. In view of the statement made by Mr. S. B. Patil, learned

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

Bail Application with liberty as prayed.

6. If a fresh Bail Application is filed before the Trial Court upon

filing of the chargesheet in Crime No. 276 of 2026, same be considered

on its own merits and in accordance with law.

7. Criminal Bail Application No. 858 of 2026 is disposed of as

withdrawn.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.15
17:24:38
+0530

Arjun 2

Continue reading with your account

Checking your session…