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Bombay High Court

VISHWANATH ALIAS MAHARLAL ALIAS MEHAR KALEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and granted liberty to approach the trial court with a fresh bail petition.

Summary

The applicant, Vishwanath, filed a criminal bail application (No. 865 of 2026) before the Bombay High Court. The State objected, citing an earlier order (21 Jan 2026, Bail Application No. 3743 of 2025) that any renewed bail request must be made to the trial court. The applicant’s counsel sought permission to withdraw the present application and approach the trial court with a fresh bail petition, a request unopposed by the State. The bench granted leave to withdraw the application and allowed the applicant to file a fresh bail application before the trial court, which will be decided on its merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a bail applicant must approach the trial court with a fresh application after a prior order directing such procedure
  • Whether the High Court can permit withdrawal of a bail application and grant liberty to file a fresh application before the trial court

Subjects

  • criminal bail
  • withdrawal of application
  • procedural requirement
  • trial court jurisdiction
  • change in circumstances

Judgment

                                                             8-BA-865-2026 (CR).docx


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

                    CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL BAIL APPLN. NO. 865 OF 2026

Vishwanath @ Ishaya Maharlal @ Mehar Kale              …...Applicant
                     Versus
The State Of Maharashtra & Anr.                        …...Respondents


                                  ——————
Mr. I. K. Shaikh, for Applicant.
Mr. S.S. Chaudhari, A.P.P. for Respondents-State.
                                  ——————

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   21st September 2026.

PER COURT :


1.    Mr. Chaudhari, learned A.P.P. for the Respondents-State, raises an

objection to entertaining of this Application by referring to the order dated

21st January 2026 passed in Criminal Bail Application No. 3743 of 2025.


2.    The objection of Mr. Chaudhari is that in the event the Applicant

intends to renew his request for bail on the ground of change in

circumstances or otherwise, the Applicant is required to approach the Trial

Court at the first instance with a fresh bail application.




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                    3.        Faced with the objection raised by Mr. Chaudhari, learned A.P.P. for the

                    Respondents-State, Mr. I. K. Shaikh, learned Advocate for the Applicant, seeks

                    leave to withdraw the present Application with leave to approach the Trial

                    Court in terms of the liberty granted by this Court on 21 st January 2026 in

                    Criminal Bail Application No. 3743 of 2025. This request is not opposed by

                    Mr. Chaudhari, learned A.P.P. for the Respondents-State.


                    4.        In view of the statement made by Mr. I. K. Shaikh, learned Advocate

                    for the Applicant, leave is granted to withdraw this Bail Application with

                    liberty as prayed.


                    5.        If a fresh Bail Application is filed before the Trial Court, the same be

                    considered on its own merits and in accordance with law.


                    6.        Criminal Bail Application No. 865 of 2026 is disposed of as withdrawn

                    with aforesaid liberty.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.21
           20:43:43
           +0530




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