Swapnil Sunil Shinde v. State Of Maharashtra

8-BA-1951-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1951 OF 2025 Swapnil Sunil Shinde ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Krutik Veera i/b Mr. Gaurav Parkar, learned Advocate for the Applicant.

Ms. Manisha Tidke, learned A.P.P. for the State/Respondent. PSI Mr. Kiran Raut attached to Panvel City Police Station, Navi Mumbai is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

25th AUGUST 2025.

P.C. :

1.

Heard Mr. Krutik Veera, learned Advocate for the Applicant and Ms. Manisha Tidke, learned A.P.P. for the State/Respondent. 2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 761 of 2024 registered with Panvel City Police Station, District-Raigad for the offences punishable under Sections 311 & 310(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS" for short).

3.

Mr. Krutik Veera, learned Advocate for the Applicant submits that the abovesaid crime is registered as Sessions Case No. 167 of 2023 and is pending on the file of Additional Sessions Judge, Panvel-Raigad.

Gitalaxmi

8-BA-1951-2025.doc 4.

Applicant was arrested on 10th January 2025, since then he is in jail. Criminal Bail Application No. 103 of 2025 filed by the Applicant in Sessions Case No. 167 of 2023, was rejected by the learned Additional Sessions Judge, Panvel-Raigad by order dated 4th April 2025.

5.

Mr. Krutik Veera, learned Advocate for the Applicant has filed a praecipe dated 22nd August 2025 seeking leave to withdraw the present Bail Application with liberty to file a fresh Bail Application before the Trial Court. He submits that co-accused persons in the said crime have been released on bail. He submits that in view of the change in circumstances, the Applicant intents to file a fresh Bail Application before the Trial Court on the ground of parity. 6.

Ms. Manisha Tidke, learned A.P.P. for the State/Respondent does not object to the recourse suggested by the Applicant. 7.

In view of the above, leave granted to withdraw the present Bail Application with liberty to file a fresh Bail Application before the learned Trial Court. If such Bail Application is filed by the Applicant before the learned Trial Court, then the same shall be considered on its own merits and in accordance with law. 8.

In view of the above, Criminal Bail Application No. 1951 of 2025 is dismissed as withdrawn with liberty as prayed. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.25 20:04:30 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi