Bombay High Court
PRAFULL @ TOLYA ARUN POTDARversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and granted the applicant liberty to file a fresh bail application later.
Summary
The applicant, Prafull @ Tolya Arun Potdar, was charged under several sections of the BNS and the Arms Act and applied for bail before the High Court. While the bail application was pending, the applicant's counsel sought permission to withdraw the application so that a fresh bail petition could be filed later if circumstances changed. The State's counsel did not oppose the withdrawal. The Court, after hearing the parties, granted leave to withdraw the bail application and allowed the applicant to file a new bail application before the trial court when appropriate. The Court directed that any fresh bail application would be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- What is the appropriate procedure for withdrawing a pending criminal bail application?
- Whether the court may grant liberty to the applicant to file a fresh bail application in the future.
Legislation cited
Subjects
- criminal bail
- withdrawal of bail application
- change in circumstance
- Arms Act
- BNS
- high court
Judgment
1/2
914-BA-879-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.879 OF 2026
Prafull @ Tolya Arun Potdar ….Applicant
VERSUS
The State Of Maharashtra and Ors. ....Respondents
_________________________________________________________________
Mr. Pratik G. Tare i/b Adv. S. Y. Mane, for Applicant.
Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 - State.
PSI, Ms. Reshma Khot, Sangli City Police Station, present.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.23
20:08:27
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd SEPTEMBER, 2026.
P.C.
1. Heard Mr. Pratik G. Tare, learned Advocate for the Applicant and
Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and 2 –
State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“(a) That the Applicant be released on Bail in connection with
C.R. No.176 of 2026 registered with Sangli City Police
Station for offences punishable under Sections 109(1),
351(2)(3), 352, 3(5) of BNS and under Section 3, 4, 25
and 27 of the Arms Act.”
Shantanu S. Dhudum
2/2
914-BA-879-2026 (CR).DOC
3. After having heard the matter for some time, Mr. Pratik G. Tare,
learned Advocate for the Applicant, sought a pass over to take instructions
from the Applicant. At his request, this Application was taken up after
some time.
4. Mr. Pratik G. Tare, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the present Bail
Application with liberty to file a fresh Bail Application before the Trial
Court in the event of a change in circumstance.
5. This request is not opposed by Ms. Shubhangi N. Deshmukh,
learned A.P.P. for Respondent Nos.1 and 2 – State.
6. In view of the statement made by Mr. Pratik G. Tare, learned
Advocate for the Applicant, leave is granted to withdraw the Bail
Application with liberty as prayed for.
7. If a fresh Bail Application is filed by the Applicant before the
Trial Court on the ground of changed circumstance, the same shall be
considered on its own merits and in accordance with law.
8. Criminal Bail Application No.879 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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