Bombay High Court
SHANTANU NANASO MANEversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The High Court held that the bail application may be withdrawn and a fresh application may be filed before the trial court for separate consideration.
Summary
The applicant, Shantanu Nanaso Mane, filed a bail application seeking regular bail for offences under Sections 310(2), 140(4), 118(1), 126(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. After the investigation concluded and the charge‑sheet was filed, the applicant’s counsel requested permission to withdraw the bail application, intending to file a fresh bail petition before the trial court. The State’s counsel did not oppose the withdrawal. The Court granted leave to withdraw the bail application, directing that any fresh application be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn after the charge‑sheet has been filed.
- Whether the withdrawal of the bail application precludes the filing of a fresh bail application before the trial court.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 126(2), 140(4), 310(2), 351(2), 352
Subjects
- bail
- withdrawal of application
- charge sheet
- criminal procedure
- high court
Judgment
6 - BA - 923 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CIRCUIT BENCH AT KOLHAPUR
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
CRIMINAL APPELLATE JURISDICTION
2026.10.06
19:31:30
+0530
CRIMINAL BAIL APPLICATION NO. 923 OF 2026
Shantanu Nanaso Mane … Applicant
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Sumit Vhanbatte i/by Mr. Tejas Mane for the Applicant.
Ms. S. N. Deshmukh, APP for the State.
R. S. Sakhare, ASI, Malshiras Police Station, Solapur Rural,
is present.
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 6, 2026
P.C.:
1. By the present Application, the Applicant has sought the
following substantive relief:
“(a) This Hon’ble High Court may be pleased to release the Applicant
Shantanu Nanaso Mane on regular bail in Crime No. 341/2026 registered
with Malshiras Police Station, Dist. Solapur, for the offences punishable under
Sections 310(2), 140(4), 118(1), 126(2), 352 and 351(2) of the Bharatiya
Nyaya Sanhita, 2023, on such terms and conditions as this Hon’ble Court may
deem fit and proper;”
2. Mr. Sumit Vhanbatte, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the present
Bail Application as the investigation in Crime No. 341 of 2026 is
complete and the prosecution has filed the charge-sheet before the Trial
Court. He submits that in view of the subsequent event of filing of the
VRJ 1
6 - BA - 923 - 2026.docx
charge-sheet, the Applicant intends to file a fresh Bail Application
before the Trial Court. This request is not opposed by Ms. S. N.
Deshmukh, learned APP for the State.
3. In view of the statement made by Mr. Sumit Vhanbatte, learned
Advocate for the Applicant, leave is granted to withdraw the present
Bail Application with liberty as prayed.
4. If a fresh Bail Application is filed by the Applicant before the Trial
Court, the same be considered on its own merits and in accordance with
law.
5. Criminal Bail Application No. 923 of 2026 stands disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
VRJ 2
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