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2026 DAILYLAW 8568 (BOM)

PRAKASH GANPAT HARCHILKAR v. THE STATE OF MAHARASHTRA AND ANR.

BA/541/2026 · 2026-09-15

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Judgment text

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31 - BA - 541 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 541 OF 2026 Prakash Ganpat Harchilkar … Applicant V/s. The State of Maharashtra & Anr. … Respondents Mr. Sangram Desai for the Applicant. Mr. N. B. Patil, APP for the State. Mr. Om Aghav, PSI, Chiplun Police Station is present. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 15, 2026 P.C.: 1. By the present Application, the Applicant has sought the following substantive relief: “a. That this Hon'ble Court be pleased to grant Bail to the Applicant, in connection with the F.I.R. bearing no. 45 of 2024 dated 23/02/2024 for the offences punishable u/s sections 302, 397 and 20 1 of the Indian Penal Code. 1860; b. Since the Applicant is in Special prison, Ratnagiri the Affidavit and Verification of the Applicant may be dispensed with; c. For such further and other reliefs as the nature and circumstances of the case may require.” 2. Mr. N. B. Patil, learned APP for the State, refers to the order dated 29th September 2025 passed by this Court in Criminal Bail Application No. 859 of 2025 and submits that in the event the Applicant intends to VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.16 17:16:14 +0530 31 - BA - 541 - 2026.docx avail the liberty granted in the said order, the same has to be availed at the first instance before the Trial Court. 3. Faced with the said objection, Mr. Sangram Desai, learned Advocate for the Applicant, on instructions, seeks leave to withdraw the present Bail Application with liberty to file a fresh Bail Application before the Trial Court. He, however, submits that since 2025 there has been no progress in the trial of the pending Sessions Case and, therefore, requests for a direction to the Trial Court to dispose of the Bail Application that the Applicant proposes to file expeditiously. He submits that the fresh Bail Application would be filed before the Trial Court within a period of 10 days from today. 4. This request is not opposed by Mr. N. B. Patil, learned APP for the State. 5. In view of the statement made by Mr. Sangram Desai, learned Advocate for the Applicant, leave is granted to withdraw the present Bail Application and to approach the Trial Court by filing a fresh Bail Application in terms of the liberty granted by this Court in its order dated 29th September 2025 in Criminal Bail Application No. 859 of 2025. 6. If a fresh Bail Application is filed before the Trial Court within a period of 10 days from today, then the Trial Court is requested to make VRJ 2 31 - BA - 541 - 2026.docx an endeavour to dispose of the same, after hearing the concerned parties, expeditiously, on its own merits and in accordance with law, and at any rate within a period of four weeks from the first date of hearing in the bail application. 7. Criminal Bail Application No. 541 of 2026 stands disposed of as withdrawn. (ASHWIN D. BHOBE, J.) VRJ 3