Bombay High Court

SOMNATH @ SONYA BANDU SHINDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application before the trial court.

Summary

The applicant, Somnath @ Sonya Bandu Shinde, sought bail for a 2022 crime after having his earlier bail application rejected by the High Court on 1 July 2024 and a subsequent Special Leave Petition dismissed by the Supreme Court. He argued that his prolonged incarceration constituted a change in circumstances warranting bail. The applicant’s counsel requested permission to withdraw the current bail application and file a fresh one before the trial court on these grounds. The respondent’s counsel did not oppose this request. The Court granted leave to withdraw the present application, directing that any fresh bail application be considered on its own merits before the trial court, and disposed of the current application as withdrawn.

Issues considered

What procedural steps are required to withdraw a bail application and file a fresh one after a prior rejection and Supreme Court dismissal?

Subjects

bail
withdrawal
change in circumstances
criminal procedure
high court
fresh application

Judgment

                                                            10-BA-883-2026.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 883 OF 2026
Somnath @ Sonya Bandu Shinde                            ...Applicant
       Versus
The State of Maharashtra And Anr.                       ...Respondents
_______________________________________________________________
Mr. Shailesh Chavan a/w Swarrali Chougule, Advocate for the
Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
HC D. B. Yadav, Satara City Police Station, is present.
_______________________________________________________________
                                CORAM : ASHWIN D. BHOBE, J.
                                 DATE : 22nd September, 2026.
P.C. :

1.      By the present Application, the Applicant is seeking bail in

connection with Crime No. 619 of 2022 registered with Satara City

Police Station.


2.      At the outset Mr. S. S. Chaudhari, learned APP for the

Respondent – State, submits that the Bail Application No. 1693 of 2023

filed by the Applicant before this Court was rejected on merits on

01.07.2024. He submits that against the rejection order dated

01.07.2024, Applicant had approached the Hon’ble Supreme Court

which also declined to entertain the Special Leave Petition (Criminal)

Diary No. 49645 of 2024. He submits that if the Applicant intends to

renew his request for bail on the ground of change in circumstances,

then same is to be renewed before the Trial Court at the first instance.

Arjun                             1
                                                                                  10-BA-883-2026.doc



                      3.      Faced with the said objection, Mr. Shailesh Chavan, learned

                      Advocate for the Applicant states that the Applicant is seeking bail on

                      the ground of long incarceration. He seeks leave to withdraw the

                      present Application with liberty to file a fresh Bail Application before

                      the Trial Court on the ground of long incarceration and other grounds,

                      as may be available to the Applicant in terms of law.


                      4.      Mr. S. S. Chaudhari, learned APP for the Respondent – State,

                      does not oppose the request made by Mr. Shailesh Chavan, learned

                      Advocate for the Applicant.


                      5.      In view of the statement made by Mr. Shailesh Chavan, learned

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

                      Application with liberty to file a fresh Bail Application before the Trial

                      Court on the ground of change in circumstances.


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

                      Trial Court, same be considered on its own merits and in accordance

                      with law.


                      7.      Bail Application No. 883 of 2026 is disposed of as withdrawn.


                                                                    (ASHWIN D. BHOBE, J.)
ARJUN
KRISHNA
RODGE
Digitally signed by
ARJUN KRISHNA
RODGE
Date: 2026.09.23
12:47:25 +0530
                      Arjun                             2

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