Bombay High Court
VITTHAL RAGHU KAMBLEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court granted leave to withdraw the interim application and permitted the applicant to pursue the substantive appeal.
Summary
The applicant, Vitthal Raghu Kamble, had earlier filed an interim bail application which was dismissed on 5 April 2023. No change in circumstances occurred to merit reconsideration of the evidence. The applicant’s counsel sought permission to withdraw the interim application and to continue pursuing the substantive criminal appeal. The Court granted leave to withdraw the interim application and allowed the applicant liberty to proceed with the substantive appeal before the appropriate bench. The interim application was consequently disposed of as withdrawn.
Issues considered
- Whether the Court may permit the withdrawal of an interim bail application when there is no change in circumstances.
Subjects
- bail
- interim application
- withdrawal
- criminal appeal
- procedural law
Judgment
ssm 7-ia3632.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3632 OF 2024
IN
CRIMINAL APPEAL NO. 304 OF 2018
Vitthal Raghu Kamble …..Applicant
Vs.
The State Of Maharashtra …..Respondent
____________________________________
Mr. Anjali Patil for the Applicant.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.
P.C.:-
1) The earlier Application for bail preferred by the Applicant has
been dismissed by a speaking Order dated 5 th April, 2023. Except passage
of time, there is no change in circumstances to reconsider the evidence on
record, at this stage.
2) In view thereof, learned Advocate for the Applicant on
instructions seeks leave to withdraw Application with liberty to pursue the
substantive Appeal filed by him before the appropriate bench.
2.1) Leave and liberty granted.
3) Disposed off as withdrawn with aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
1/1
SANJIV by SANJIV
SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.09
12:04:02 +0530
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