Bombay High Court

PREM PARSHRAM BHIUNGADEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty granted to the applicant to seek bail again after the prosecution completes witness examination or after one year from 30 September 2026.

Summary

The applicant, Prem Parshram Bhiungade, sought bail for offences under sections 307, 123 and 103(1) of the Indian Penal Code. During the hearing, his counsel requested permission to withdraw the bail application, citing the applicant's young age and a desire to file a fresh bail petition before the trial court after a fixed period. The State's counsel did not oppose the withdrawal and indicated that the prosecution would endeavour to examine all its witnesses within one year from 30 September 2026. The court granted leave to withdraw the bail application and directed that the applicant may renew his bail request after the prosecution completes witness examination or after the one‑year period elapses. The court also ordered the prosecution to adhere to its commitment to complete witness examination within the stipulated time.

Issues considered

Whether the bail application can be withdrawn at the request of the applicant's counsel.
Whether the applicant should be granted liberty to re‑apply for bail after the prosecution completes examination of its witnesses or after a specified period.

Legislation cited

Indian Penal Code, 1860 — s. 103(1), 123, 307

Subjects

bail
withdrawal
Indian Penal Code
section 307
section 123
section 103(1)
witness examination
criminal procedure

Judgment

                                                                             10 - BA - 864 - 2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
                                   CRIMINAL BAIL APPLICATION NO. 864 OF 2026
VAIBHAV
RAMESH JADHAV
Date: 2026.09.17
12:21:43 +0530




                      Prem Parshram Bhiungade                         … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                 … Respondents

                      Mr. Viraj Nalawade for the Applicant.
                      Ms. S. N. Deshmukh, APP for the State.



                                                      CORAM     : ASHWIN D. BHOBE, J.

                                                      DATED     : SEPTEMBER 16, 2026
                      P.C.:


                      1.      Heard Mr. Viraj Nalawade, learned Advocate for the Applicant.


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

                      following substantive relief:


                              “b.   The Applicant above named may please be released on bail
                              in the matter of F.I.R. bearing No. 0045/2026 registered with
                              Laxmipuri Police station under section 307, 123 and 103(1) of
                              B.N.S. and in the matter of Chargesheet bearing No.32/2026 on
                              such terms and conditions as this Hon’ble court may deem fit and
                              proper;”

                      3.      After having heard the matter for some time, Mr. Viraj Nalawade,

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

                      seeks leave to withdraw the present Bail Application. He submits that

                      the Applicant is a 20-year-old boy and, therefore, requests for liberty to




                      VRJ                                                                           1
                                                         10 - BA - 864 - 2026.docx


file a fresh bail before the Trial Court after a fixed period. This request

of withdrawal and liberty as sought by Mr. Viraj Nalawade, learned

Advocate for the Applicant, is not opposed by Ms. S. N. Deshmukh,

learned APP for the State.


4.    Ms. S. N. Deshmukh, learned APP, on instructions from the

Investigating Officer, states that the prosecution will make an earnest

endeavour to examine all the prosecution witnesses within a period of

one year from 30th September 2026 (i.e., the next date fixed in the

matter before the Trial Court). She submits that this Court can consider

granting liberty to the Applicant in the event the prosecution is unable

to complete the examination of the prosecution witnesses within a

period of one year.


5.    In view of the statement made by Mr. Viraj Nalawade, learned

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

Bail Application.


6.    Applicant is at liberty to renew his request for bail before the Trial

Court upon the examination of all the prosecution witnesses or upon

expiry of the period of one (1) year from 30th September 2026.


7.    The prosecution to abide by the statement made by Ms. S. N.

Deshmukh, learned APP for the State.




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                                                      10 - BA - 864 - 2026.docx


8.    Mr. Viraj Nalawade, learned Advocate for the Applicant states

that the Applicant shall cooperate in the examination of the prosecution

witnesses.


9.    In view of the above, Bail Application No.864 of 2026 is disposed

of as withdrawn.




                                          (ASHWIN D. BHOBE, J.)




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