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- Disposed off as Withdrawn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 The Court considered whether the bail application could be withdrawn and whether liberty could be granted to file a new application later.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 Consequently, the bail application was disposed of as withdrawn.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- Whether a criminal bail application may be withdrawn at the request of the applicant with liberty to file a fresh application on changed circumstances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
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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
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