Bombay High Court
AMBADAS LAXMAN GAVADEversusTHE STATE OF MAHARASHTRA AND ORS..
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the interim application and disposed of it as withdrawn without hearing on merits.
Summary
The applicant, Ambadas Laxman Gavade, filed an interim application seeking suspension of his substantive sentence and release on bail pending the hearing of his criminal appeal. The application was filed before the Bombay High Court, Circuit Bench at Kolhapur, under Criminal Appeal No. 18 of 2026. Subsequently, the applicant's counsel, Mr. Ritesh M. Thobde, requested leave to withdraw the interim application, a request that was not opposed by the respondents' counsel. The Court, after noting the request, granted leave to withdraw the application. Consequently, Interim Application No. 349 of 2026 was disposed of as withdrawn without being heard on its merits.
Issues considered
- What procedural requirements govern the withdrawal of an interim application in criminal proceedings?
- Whether the court may permit withdrawal of an application seeking suspension of sentence and bail without hearing on merits.
Subjects
- interim application
- withdrawal
- criminal appeal
- bail
- suspension of sentence
- procedural law
Judgment
942 - CRI IA - 349 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.10
10:08:13 +0530
CRIMINAL INTERIM APPLICATION NO. 349 OF 2026
IN
CRIMINAL APPEAL NO. 18 OF 2026
Ambadas Laxman Gavade … Applicant
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Ritesh M. Thobde with Mervin Bardeskar for the
Applicant.
Dr. A. A. Takalkar, APP for the State.
Mr. Ishan Kapse with Sairaj Suryavanshi for Respondent
No.2.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 9, 2026
P.C.:
1. By the present Application, the Applicant has sought for the
following substantive relief.
“b. The substantive sentence imposed upon the Applicant vide
Judgment/Order dated 06.12.2025 passed by the Special Judge
(POCSO), Solapur in Spl. Case No.300/2020, be suspended and the
Applicant be released on bail, pending the hearing and final disposal
of the present criminal appeal;”
2. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the present
Application. This request is not opposed by Mr. Ishan Kapse, learned
VRJ 1
942 - CRI IA - 349 - 2026.docx
Advocate for Respondent No. 2, and Dr. A. A. Takalkar, learned APP for
the State.
3. In view of the statement made by Mr. Ritesh M. Thobde, learned
Advocate for the Applicant, leave is granted to withdraw the present
Interim Application.
4. Interim Application No. 349 of 2026 is disposed of as withdrawn.
5. This Application was not heard on merits and has been disposed
of in view of the simple request for withdrawal.
(ASHWIN D. BHOBE, J.)
VRJ 2
Checking your session…