Created by Fuzzy Cloud

Bombay High Court

NITIN BALASAHEB RAHATALversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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the bail application and allowed the applicant to file a new application, disposing of the present application as withdrawn.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  • Whether a bail application pending before a higher court can be withdrawn when the accused has already been released on bail by the trial court.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

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


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.