Bombay High Court

VISHWESHWAR @ RAMESH BADRI MAHESHWARI @ VAIGANEversusTHE STATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court allowed the withdrawal of the present bail application and directed the applicant to file a fresh bail application before the trial court, to be considered on its merits.

Summary

The applicant, Vishweshwar, was charged under Sections 376(2), 354, 354-A, 506 of the IPC and Sections 5(l), 6, 7, 8 of the POCSO Act in a special POCSO case. He had already filed four bail applications before the trial court and sought a fifth bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State counsel pointed to the court's earlier order (17 September 2025) directing that any further bail request must be filed afresh before the trial court. The applicant’s counsel requested permission to withdraw the present application and file a fresh one, seeking an expeditious disposal given the applicant’s incarceration. The court, noting no opposition, granted leave to withdraw the current bail application and directed that any new application be considered on its own merits, ordering it to be dealt with promptly. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the present bail application and be required to file a fresh bail application before the trial court as per the earlier order of this Court.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 483
Indian Penal Code, 1860 — s. 354, 354-A, 376(2), 506
Protection of Children from Sexual Offences Act, 2012 — s. 5(l), 6, 7, 8

Subjects

bail
withdrawal
POCSO
sexual offences
criminal procedure
expeditious disposal

Judgment

Digitally signed
by LAXMIKANT
GOPAL (69) BA-947.26.DOCX
LAXMIKANT CHANDAN
GOPAL Date:
CHANDAN 2026.06.18
11:17:56
+0530 lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.947 OF 2026

Vishweshwar @ Ramesh Badri Maheshwari @
Vaigane : Applicant.
Versus.
The State of Maharashtra & Anr. : Respondents.

-----

Mr. Rajabhau S Chaudhari for the Applicant.
Mr. V B Konde-Deshmukh, APP for the Respondent/State.
Mr. Yuvraj Dhole for Respondent No.2.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 17 JUNE 2026
PC:-

1. By the present Bail Application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks
Regular Bail in C.R. No. 133 of 2020 registered with Yerwada
Police Station, Dist. Pune, for offences punishable under Sections
376(2), 354, 354-A and 506 of the Indian Penal Code, and
Sections 5(L), 6, 7, and 8 of the Protection of Children from Sexual
Offences (POCSO) Act, 2012.

2. The said crime is registered as Special (POCSO) Case
No.232 of 2020.

1
(69) BA-947.26.DOCX

3. Mr. V B Konde-Deshmukh, learned APP for the
Respondent/State and Mr. Yuvraj Dhole, learned Advocate for
Respondent No.2, refer to the order dated 17 September 2025
passed by this Court in the 2nd Bail Application No.1137 of 2025,
filed by the Applicant and submit that in the event the Applicant
intends to renew the request for bail, the same will have to be
renewed before the Trial Court by filing a fresh Bail Application.

4. Faced with the contentions urged by Mr. V B Konde-
Deshmukh, learned APP for the Respondent/State and by Mr.
Yuvraj Dhole, learned Advocate for Respondent No.2, Mr.
Rajabhau Chaudhari, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the
present Bail Application and submits that the Applicant will renew
his request in terms of the liberty granted by this Court in its order
dated 17 September 2025 in Bail Application No.1137 of 2025, by
filing a fresh Bail Application before the Trial Court. He submits
that this would be the 5th Bail Application before the Trial Court
and as such prays for a direction to the Trial Court for expeditious
disposal of the same, considering the period of incarceration of the
Applicant.

5. This request of Mr. Rajabhau Chaudhari, learned Advocate
for the Applicant, is not opposed by Mr. V B Konde-Deshmukh,
learned APP for the Respondent/State, and by Mr. Yuvraj Dhole,
learned Advocate for Respondent No.2.

6. In view of the statement made by Mr. Rajabhau Chaudhari,
learned Advocate for the Applicant, leave is granted to withdraw
the present Bail Application with liberty to file a fresh Bail

2
(69) BA-947.26.DOCX

Application before the Trial Court in light of the observations made
by this Court in the order dated 17 September 2025 passed in Bail
Application No.1137 of 2025. If a fresh Bail Application is filed
before the Trial Court, the same be considered on its own merits,
in accordance with law and expeditiously.

7. Criminal Bail Application No.947 of 2026 is disposed of as
withdrawn.

(ASHWIN D. BHOBE, J.)

Continue reading with your account

Checking your session…