Bombay High Court

VINOD BHAGWANRAO KAMBLEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The bail application was withdrawn by the applicant and the court disposed of it, permitting a fresh application only if the trial does not progress within a year.

Summary

The petitioner, Vinod Bhagwanrao Kamble, filed a bail application in a criminal case involving a seven‑year‑old girl as the victim. The court, after hearing the applicant's counsel, expressed reluctance to grant bail given the seriousness of the charges. The applicant's counsel then sought to withdraw the bail application, which the court permitted. The respondent's counsel noted that charges had already been framed and the trial was expected to proceed. The court accepted the withdrawal, disposing of the application, but allowed the applicant to file a fresh bail application if the trial does not make substantial progress within one year. Additionally, the court ordered remuneration for the legal‑aid appointed advocate representing the complainant.

Issues considered

Whether the bail application should be granted in view of the nature of the offence and the age of the victim.
Whether the applicant may withdraw the bail application after the court has expressed its disinclination to grant bail.
Whether a fresh bail application can be filed if the trial does not progress substantially within a year.

Subjects

bail
withdrawal
criminal procedure
legal aid
trial delay

Judgment

                                                              950ba863-26

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

               950 BAIL APPLICATION NO. 863 OF 2026

                      Vinod Bhagwanrao Kamble
                                VERSUS
                The State Of Maharashtra And Another
                                   ...
Mr. P. M. Gaikwad, Advocate for the Applicant
Mr. S. A. Gaikwad, APP for the Respondent-State
Mr. V. M. Vibhute, Advocate for Respondent No.2


                       CORAM : HITEN S. VENEGAVKAR, J.
                         Dated : 18th August, 2026
PER COURT :-


1.       After hearing the learned Advocate for the Applicant for some

time, when this Court has expressed its disinclination to allow the

application, taking into consideration the material that has been placed

on record by way of charge-sheet and allegations therein coupled with

the fact that the victim is seven years old girl, the learned Advocate for

the applicant, upon instructions, seeks leave to withdraw the present

Application.


2.       The learned APP submits that charges have already been

framed and, therefore, the trial is likely to proceed. Without getting

into the submissions canvassed, the request of the learned Advocate for

the applicant is accepted. The applicant stands disposed of as

withdrawn.


3.       Leave to file fresh application on the request of the learned

Advocate for the applicant is granted, in case there is no substantial

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           progress in the trial after expiry of one year from tody.


           4.       The learned Advocate appearing for Respondent No.2/

           complainant is appointed through the Legal Aid, therefore, his

           remuneration for working on this application be quantified and paid to

           the Advocate as per rules.




                                                        (HITEN S. VENEGAVKAR, J.)
JPChavan




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