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Bombay High Court

RATNADEEP @ DADA MAHADEV SHELKEversusSTATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The Court held that the applicant may withdraw the present bail application and file a fresh bail application before the trial court with liberty to seek expeditious disposal.

Summary

The applicant, Ratnadeep Shelke, filed a bail application before the Bombay High Court. The State argued that any renewal of bail must be made before the trial court, referencing an earlier order dated 11‑02‑2026 in Criminal Bail Application No. 3648 of 2025. The applicant’s counsel sought permission to withdraw the present application and to file a fresh bail application before the trial court within two weeks, requesting the trial court to dispose of it expeditiously. The State did not oppose the withdrawal. The Court granted leave to withdraw the current bail application, allowed the applicant to file a fresh application before the trial court, and directed the trial court to decide it within four weeks of filing. The bail application No. 881 of 2026 was consequently disposed of as withdrawn.

Issues considered

  • Whether the bail application pending before the High Court can be withdrawn and a fresh bail application filed before the trial court as per the earlier order.

Subjects

  • bail
  • withdrawal
  • fresh application
  • trial court
  • expeditious disposal
  • high court

Judgment

                                                             8-BA-881-2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
              BAIL APPLICATION NO. 881 OF 2026
Ratnadeep @ Dada Mahadev Shelke                ...Applicant
         Versus
State of Maharashtra And Anr.                       ...Respondents
_______________________________________________________________
Ms. Prajakta Bhilugade, Advocate for the Applicant.
Mr. A. S. Shalgaonkar, APP for the Respondent – State.
HC Prashant Gaikwad, Madha Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 22nd September, 2026.
P.C. :


1.        Heard Ms. Prajakta Bhilugade, learned Advocate for the

Applicant and Mr. A. S. Shalgaonkar, learned APP for the Respondent –

State.



2.        Mr. A. S. Shalgaonkar, learned APP for the Respondent – State,

by referring to the order dated 11.02.2026, passed by this Court in

Criminal Bail Application No. 3648 of 2025, submits that in the event

the Applicant intends to renew his request for bail, then, the same is

required to be renewed before the Trial Court at the first instance.



3.        Faced with the said objection, Ms. Prajakta Bhilugade, learned

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



Arjun                             1
                                                             8-BA-881-2026.doc



leave to withdraw the present Application with liberty to approach the

Trial Court by filing a fresh Bail Application in terms of the liberty

granted by this Court vide order dated 11.02.2026, passed in Criminal

Bail Application No. 3648 of 2025.



4.      The request made by Ms. Prajakta Bhilugade, learned Advocate

for the Applicant, is not opposed by Mr. A. S. Shalgaonkar, learned APP.



5.      In view of the statement made by Mrs. Prajakta Bhilugade,

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

present Bail Application with liberty to file a fresh Bail Application

before the Trial Court.



6.       Ms. Prajakta Bhilugade, learned Advocate for the Applicant,

submits that a right has accrued in favor of the Applicant in view of the

trial not having proceeded / proceeded substantially after 11.02.2026.



7.      Ms. Prajakta Bhilugade, learned Advocate for the Applicant

submits that a fresh Bail Application would be filed by the Applicant

before the Trial Court within a period of 2 weeks from today. She

requests for a direction to the Trial Court for expeditious disposal of the

proposed Bail Application.




Arjun                             2
                                                                                     8-BA-881-2026.doc



                       8.      If a fresh Bail Application is filed by the Applicant before the

                       Trial Court within a period of 2 weeks from today, then, the Trial Court

                       is requested to make an endeavor to dispose of the same expeditiously,

                       after hearing the concerned parties, on its own merits, in accordance

                       with law and at any rate within a period of 4 weeks from the first date

                       fixed in the Bail Application.



                       9.      Ms. Prajakta Bhilugade, learned Advocate for the Applicant

                       states that the Applicant shall cooperate with the early disposal of the

                       Bail Application that the Applicant intends to file before the Trial Court.



                       10.     Bail Application No. 881 of 2026 is disposed of as withdrawn.



                                                                      (ASHWIN D. BHOBE, J.)




          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.09.23
          14:38:09
          +0530




                       Arjun                             3


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