Bombay High Court

JYOTIRADITYA SUHAS SAWANT (CCL) THR. NATURAL GUARDIAN SUHAS BHAGWANTRAO SAWANTversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and disposed of it as withdrawn.

Summary

The applicant, Jyotiraditya Suhas Sawant, through his father, filed an anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (corresponding to Section 438 of the CrPC) for alleged offences under sections 74, 75 and 351(2) of the B.N.S. 2023. The applicant's counsel, Vaibhav Halake, sought leave to withdraw the anticipatory bail application and instead approach the Juvenile Justice Board under the Juvenile Justice (Care and Protection of Children) Act, 2015. The State's Additional Public Prosecutor, Dr. A. A. Takalkar, did not oppose the withdrawal. The Court examined whether the application could be withdrawn and found no impediment to granting such leave. Consequently, the Court granted the request, allowing the applicant to withdraw the anticipatory bail application and disposed of the matter as withdrawn.

Issues considered

Whether the anticipatory bail application can be withdrawn at the applicant's request
Whether any procedural bar exists to permitting withdrawal in favor of filing before a Juvenile Justice Board

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 351(2), 482, 74, 75
Code of Criminal Procedure — s. 438
Juvenile Justice (Care and Protection of Children) Act, 2015

Subjects

anticipatory bail
withdrawal of bail application
juvenile justice
Bhartiya Nagarik Suraksha Sanhita
Criminal Procedure

Judgment

                                                                                     5 - ABA - 537 - 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: 2026.09.22
20:06:07 +0530              CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 537 OF 2026

                      Jyotiraditya Suhas Sawant (CCL)
                      Through His Natural Guardian Father
                      Suhas Bhagwantrao Sawant                               … Applicant
                                   V/s.
                      State of Maharashtra & Anr.                            … Respondents

                      Mr. Vaibhav Halake for the Applicant.
                      Dr. A. A. Takalkar, APP for the State.
                      Ms. Sayali Padval, PSI, and Mr. Nilesh Najhare, Police
                      Constable, Juna Rajwada Police Station, Kolhapur, are
                      present.



                                                         CORAM        : ASHWIN D. BHOBE, J.

                                                         DATED        : SEPTEMBER 22, 2026
                      P.C.:


                      1.      By the present Application, the Applicant has sought the

                      following substantive relief:

                              “A.     That this Hon’ble Court may be pleased to exercise its power under
                              Section 482 of the Bhartiya Nagarik Suraksha Sanhita (in correspondence to
                              Section 438 of Code of Criminal Procedure) and may be pleased to grant Bail
                              to the Applicant in connection with C.R. No.469 of 2026 registered with Juna
                              Rajwada Police Station, Kolhapur for the offences punishable under section
                              74, 75, & 351(2) of B.N.S. 2023.”



                      2.      Mr. Vaibhav Halake, learned Advocate for the Applicant, on

                      instructions from the Applicant, seeks leave to withdraw the present

                      Anticipatory Bail Application with liberty to file an appropriate




                      VRJ                                                                                   1
                                                       5 - ABA - 537 - 2026.docx


Application before the Juvenile Justice Board constituted under the

Juvenile Justice (Care and Protection of Children) Act, 2015. This

request is not opposed by Dr. A. A. Takalkar, learned APP for the State.


3.    In view of the statement made by Mr. Vaibhav Halake, learned

Advocate for the Applicant, leave is granted to withdraw the present

Bail Application with liberty as prayed.


4.    Anticipatory Bail Application No.537 of 2026 is disposed of as

withdrawn.


                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                           2

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