Created by Fuzzy Cloud

Bombay High Court

NIHAL RIYAJ KALAWANTversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application with liberty to file a fresh application before the trial court if circumstances change.

Summary

The applicant, Nihal Riyaj Kalawant, filed a criminal bail application (CR No.154 of 2026) seeking release on bail. During the hearing, the applicant's counsel requested a pass to consult the client and later sought permission to withdraw the bail application, reserving the right to file a fresh application if circumstances changed. The State's counsel did not oppose the withdrawal. The Court considered whether the bail application could be withdrawn and whether liberty could be granted to file a new application later. It granted leave to withdraw the current bail application and allowed the applicant to file a fresh bail application before the trial court if there is a change in circumstances. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a criminal bail application may be withdrawn at the request of the applicant with liberty to file a fresh application on changed circumstances

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • change of circumstances
  • High Court

Judgment

                                                                 1/2
                                                                                     2-BA-887-2026 (CR).DOC


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

                                               CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL BAIL APPLN. NO. 887 OF 2026

                          Nihal Riyaj Kalawant                                       …...Applicant
                                VERSUS
                          The State Of Maharashtra And Anr.                         …...Respondents

                          _________________________________________________________________


                          Mr. Parvez Sanadi, for Applicant.
                          Ms. Mahalakshmi Ganpathy, APP, for Respondent Nos.1 and 2 - State.
                          API, Ms. Poonam Mane, Ichalkaranji 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. Parvez Sanadi, learned Advocate for the Applicant and

                          Ms. Mahalakshmi Ganpathy, 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) To release the Applicant on suitable bail in C.R. No.154
                                      of 2026, registered with Ichalkaranji Police Station, on such
                                      terms and conditions.”




                 Shantanu S. Dhudum
                                               2/2
                                                                   2-BA-887-2026 (CR).DOC


         3.          After having heard the matter for some time, Mr. Parvez Sanadi,

         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. Parvez Sanadi, 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. Mahalakshmi Ganpathy,

         learned A.P.P. for Respondent Nos.1 and 2 – State.


         6.          In view of the statement made by Mr. Parvez Sanadi, 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 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.887 of 2026 is disposed of as

         withdrawn.




                                                      ( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.