Rajesh Suresh Jadhav v. Tousif Chandso Mujawar

Bombay HC26 Feb 2025APPLN/7/2025

Case brief

AI extract

What is this about?

Cancellation of bail; violation of bail conditions; withdrawal with liberty; forum for cancellation application — Court of Sessions; Section 439(2) CrPC; Section 483(3) BNSS; State of Karnataka Vs. Vinay Rajshekharappa Kulkarni, SLP (Criminal) No.7865 of 2025; Gurcharan Singh; Additional Sessions Judge, Pandharpur; Criminal Miscellaneous Application No.852 of 2024; Crime No.617 of 2024; Mangalwedha Police Station, District Solapur; Bombay High Court; Ashwin D. Bhobe, J.; Criminal Application No.7 of 2025.

What did the court decide?

Application permitted to be withdrawn; liberty granted to the Applicant to file an appropriate application before the Court of Sessions seeking cancellation of bail on the grounds of violation of bail conditions imposed by the order dated 02.12.2024. ¶¶25

Rajesh Suresh Jadhav vs Tousif Chandso Mujawar — Bail and Remand | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the bail granted to Respondent No.1 by order dated 02.12.2024 in Criminal Miscellaneous Application No.852 of 2024 ought to be cancelled on the ground of violation of bail conditions. +1 more

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Ratio / Principle

Leave granted to the Applicant to withdraw the present application, with liberty to file an appropriate application before the Court of Sessions seeking cancellation of the bail on the grounds of violation of bail conditions imposed by the order dated 02.12.2024.

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Key takeaways

Any application filed before the Court of Sessions for cancellation of bail shall be considered on its own merits and in accordance with law.ratio¶¶21

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), Criminal Application No.7 of 2025, decided 13 June 2025. The Applicant (Rajesh Suresh Jadhav) sought cancellation of bail granted to Respondent No.1 (Tousif Chandso Mujawar) by the learned Additional Sessions Judge, Pandharpur on 02.12.2024 in Criminal Miscellaneous Application No.852 of 2024 (Crime No.617 of 2024, Mangalwedha Police Station, District Solapur), on the ground of violation of bail conditions. Citing the Hon'ble Supreme Court's decision in State of Karnataka Vs. Vinay Rajshekharappa Kulkarni, SLP (Criminal) No.7865 of 2025 (para 17, wherein the Supreme Court held that a Court of Sessions is entitled to entertain an application under Section 439(2) CrPC, now Section 483(3) BNSS, for cancellation of bail on grounds of violation of bail conditions imposed by it, even where bail was granted by a Constitutional Court), the Court granted the Applicant leave to withdraw the present application with liberty to file an appropriate application before the Court of Sessions; any such application is to be considered on its own merits and in accordance with law. Criminal Application No.7 of 2025 disposed of with liberty as prayed for.

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Nikita

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NIKITAKAILASDARADE Digitallysigned byNIKITAKAILASDARADEDate:2025.06.1615:06:43+0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.7 OF 2025

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Rajesh Suresh Jadhav … Applicant V/s. Tousif Chandso Mujawar and Anr. … Respondents

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Ms. Manisha Devkar a/w Ms. Siddhi Patil for the Applicant.

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Mr. V. N. Sagare, APP for the Respondent No.2/State.

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CORAM : ASHWIN D. BHOBE, J. DATED : 13^th JUNE, 2025

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P.C.:

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Heard Ms. Manisha Devkar, learned Advocate for the Applicant. Mr. V. N. Sagare, learned APP for the Respondent No.2/State.

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By the present Application, Applicant is seeking cancellation of the bail granted to the Respondent No.1, by order dated 02.12.2024, passed by the learned Additional Sessions Judge, Pandharpur in Criminal Miscellaneous Application No.852 of 2024 in connection with Crime No.617 of 2024, registered with Mangalwedha Police Station, District Solapur.

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Ms. Manisha Devkar, learned Advocate for the Applicant submits that the Applicant is seeking cancellation of bail on the

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grounds of violations of bail conditions imposed by the order dated 02.12.2024, in Criminal Miscellaneous Application No.852 of 2024.

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The Hon’ble Supreme Court in the case of State of Karnataka Vs. Vinay Rajshekharappa Kulkarni¹ , in paragraph No.17 has held as under:

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“17. The aforesaid position taken by the Learned Trial Court is not in consonance with the decision of this Court in Gurcharan Singh (Supra). More so in view of the fact that this Court directed the Respondent to be enlarged on regular bail on such conditions as the Learned Trial Court deemed appropriate, albeit illustratively listing down certain condition. In this context, the Learned Trial Court i.e., being a Court of Sessions was entitled to entertain an application under Section 439(2) of the CrPC (now 483(3) of the BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it; notwithstanding the fact that bail was granted by a Constitutional Court. ”

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(Emphasis Supplied)

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Ms. Manisha Devkar, learned Advocate for the Applicant, seeks leave to withdraw the application with liberty to file an appropriate application before the Court of Sessions seeking cancellation of the bail. Leave granted to withdraw the present application. Liberty to the Applicant to file an appropriate application before the Court of Sessions, seeking cancellation of the bail on the grounds of violation of bail conditions imposed by the order dated 02.12.2024, passed in Miscellaneous Application No.852 of 2024.

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