Bombay High Court
NITIN BALASAHEB RAHATALversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the withdrawal of the bail application with liberty to file a fresh application before the trial court.
Summary
The applicant, Nitin Balasaheb Rahatal, filed a bail application before the Bombay High Court seeking release on bail for offences under sections 302, 326, 324, 323, 427, 504, 143, 147, 148 and 149 of the Indian Penal Code. During the pendency of this application, Accused No.1 was released on bail by the trial court. Consequently, the applicant's counsel, Mr. Akshay Bankapur, requested permission to withdraw the pending bail application and to file a fresh application before the trial court. The State's counsel, Mr. V. B. Konde-deshmukh, did not oppose the withdrawal. The High Court, after noting the request and the lack of opposition, granted leave to withdraw the bail application and allowed the applicant to file a new application, disposing of the present application as withdrawn.
Issues considered
- Whether a bail application pending before a higher court can be withdrawn when the accused has already been released on bail by the trial court.
Legislation cited
- Indian Penal Code, 1860 — s. 143, 147, 148, 149, 302, 323, 324, 326, 427, 504
Subjects
- bail
- withdrawal
- criminal procedure
- Indian Penal Code
- High Court
Judgment
503-BA-898-2026.doc
GAYATRI
Digitally signed
by GAYATRI
RAJENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI Date: 2026.08.06
18:39:37 +0530
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 898 OF 2026
Nitin Balasaheb Rahatal … Applicant
Versus
The State of Maharashtra … Respondent
---
Mr. Akshay Bankapur, Advocate for Applicant.
Mr. V. B. Konde-deshmukh, APP for the Respondent – State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 6th AUGUST, 2026
P.C. :
1. This Application was circulated pursuant to the
praecipe dated 06.08.2026, the same is taken on record and
marked with ‘X’ for identification.
2. By the present Application, the Applicant has sought
for the following substantive relief in terms of prayer clause (a):-
“a. The Applicant may kindly be released on bail on such
terms and conditions as this Hon'ble Court may deem fit
and proper in Crime Register No. 161 of 2024 registered
with Wavi Police Station, Nashik for the commission of
offences punishable u/s. 302, 326, 324, 323, 427, 504,
143, 147, 148, 149 of IPC;”
Gayatri shimpi 1
503-BA-898-2026.doc
3. Mr. Akshay Bankapur, learned Advocate for the
Applicant, states that during the pendency of the present Bail
Application, Accused No. 1 was released on bail. He therefore, 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. This request is not opposed by Mr. V. B.
Konde-deshmukh, learned APP for the State.
4. In view of the statement made by Mr. Akshay
Bankapur, 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. If such Application is filed,
the same be considered on its own merits and in accordance with
law.
5. Criminal Bail Application No. 898 of 2026 is disposed
of as withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
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