Bombay High Court
SANJAY YALLAPPA DOULATKARversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the present bail application and granted liberty to file a fresh bail application before the trial court.
Summary
The applicant, Sanjay Yallappa Doulatkar, applied for bail in a case involving offences under sections 143(2), 143(3) read with 3(5) of the BNS, 2023 and section 4 of the Immoral Traffic (Prevention) Act. The State objected, contending that any fresh bail application must be filed before the trial court in accordance with an earlier order (Bail Application No. 3755 of 2025). The applicant’s counsel sought permission to withdraw the present bail application and to file a fresh one before the trial court. The Court, noting the State’s lack of opposition, granted leave to withdraw the current application and allowed the applicant to approach the trial court with a fresh bail petition, to be decided on its merits. Consequently, Bail Application No. 873 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the applicant may withdraw the pending bail application and file a fresh bail application before the trial court as per the liberty granted in Bail Application No. 3755 of 2025.
Legislation cited
- BNS, 2023 — s. 143(2), 143(3), 3(5)
- Immoral Traffic (Prevention) Act — s. 4
Subjects
- bail
- withdrawal
- procedural liberty
- criminal procedure
- BNS 2023
- Immoral Traffic (Prevention) Act
Judgment
44 - BA - 873 - 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.21
10:34:35 +0530
CRIMINAL BAIL APPLICATION NO. 873 OF 2026
Sanjay Yallappa Doulatkar … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents
-----
Mr. Pratik Tare (through V.C.) for the Applicant.
Mr. C. D. Mali, APP for the State.
M. V. Biranje, Head Constable, Shiroli MIDC Police Station,
is present.
-----
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 17, 2026
P.C.:
1. Heard Mr. Pratik Tare, learned Advocate for the Applicant and Mr.
C. D. Mali, learned APP for the State.
2. By this Application, the Applicant has sought the following
substantive relief:
“a) That the Applicant be enlarged on bail with Shiroli MIDC Police Station
bearing C.R. No.245 of 2025 for offences punishable u/s. 143(2), (3) r/w. 3(5) of
BNS, 2023 and u/s. 4 of Immoral Traffic (Prevention) Act. That interim and
interim relief may be granted in terms of prayer clause (a).”
3. At the outset, Mr. C. D. Mali, learned APP for the State, submits
that if the Applicant intends to file a fresh Bail Application in exercise of
VRJ 1
44 - BA - 873 - 2026.doc
the liberty granted by this Court in Bail Application No. 3755 of 2025,
the Applicant must first file a fresh Bail Application before the Trial
Court.
4. Faced with the said objection, Mr. Pratik Tare, learned Advocate
for the Applicant, on instructions from the Applicant, seeks leave to
withdraw this Bail Application and to approach the Trial Court with a
fresh Bail Application, in terms of the liberty granted by this Court vide
order dated 11th February 2026 passed in Bail Application No. 3755 of
2025. Mr. C. D. Mali, learned APP for the State, does not oppose this
request of Mr. Pratik Tare, learned Advocate for the Applicant
5. In view of the statement made by Mr. Pratik Tare, learned
Advocate for the Applicant, leave is granted to withdraw the present
Bail Application, with liberty to approach the Trial Court with a fresh
Bail Application, in terms of the liberty granted in Bail Application No.
3755 of 2025. 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. Bail Application No. 873 of 2026 stands disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
VRJ 2
Checking your session…