Bombay High Court

SOMNATH BHAGWAN SALGARversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The appeal is withdrawn and disposed of, with liberty granted to the appellant to file a fresh bail application before the trial court.

Summary

The appellant, Somnath Bhagwan Salgar, filed a criminal appeal seeking to quash a bail order and to obtain release on multiple charges under the SC/ST (Prevention of Atrocities) Act, 1989 and the Bharatiya Nyaya Sanhita, 2023. During the pendency of the appeal, the appellant claimed a statutory right to default bail had arisen and requested permission to withdraw the appeal and file a fresh bail application before the trial court. The respondent State opposed neither the withdrawal nor the claim of default bail. The High Court, noting the lack of objection, granted leave to withdraw the appeal and directed that any fresh application be considered on its merits. Consequently, the appeal was disposed of as withdrawn.

Issues considered

Whether the appellant is entitled to withdraw the criminal appeal pending before the High Court.
Whether the appellant's claim of a statutory right to default bail warrants withdrawal of the appeal and filing of a fresh application.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 324(4), 3(5), 351(1), 351(2), 352
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(va)

Subjects

criminal appeal
withdrawal of appeal
default bail
SC/ST Act
Bharatiya Nyaya Sanhita
high court procedure

Judgment

48-APEAL-194-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. APPEAL NO. 194 OF 2026

Somnath Bhagwan Salgar … Appellant
Versus.
The State of Maharashtra & Ors. … Respondents

-----
Mr. Abhishek S. Nandimath a/w. Mr. Vijay S. Bendgude for the Appellant.
Mr. S.S. Chaudhari, A.P.P. for the Respondent Nos.1 & 2-State.
Officer : PSI Mr. Gaikwad, Pandharpur Taluka Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 15th September 2026.

PER COURT :

1. Heard Mr. Abhishek Nandimath, learned Advocate for the Appellant

and Mr. Chaudhari, learned A.P.P. for the Respondent Nos.1 & 2-State.

2. By the present Appeal, the Appellant has sought the following

substantive relief :

“A) This Hon'ble High Court be pleased to allow the present
Appeal and thereby be further pleased to quash and set
aside the Order dated 29.07.2026 passed by the Ld. Special
Judge, Pandharpur in Criminal Bail Application No. 504 of
2026 [which is below 'Exhibit E' of this Appeal];

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48-APEAL-194-2026 (CR).docx

B) This Hon'ble High Court be pleased to release the present
Appellant in connection with C.R. No. 513 of 2026
registered with Pandharpur Taluka Police Station,
Pandharpur for the offence punishable under Sec. 3(1)(r),
3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and Sections
118(1), 115(2), 352, 351(1), 351(2), 324(4) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, on such terms and
conditions as this Hon'ble Court deems fit & proper.”

3. Mr. Abhishek Nandimath, learned Advocate for the Appellant, states

that during the pendency of this Application, a statutory right to default bail

has accrued in favour of the Appellant. He therefore seeks leave to withdraw

this Appeal, with liberty to file an appropriate Application before the Trial

Court for default bail. Mr. Chaudhari, learned A.P.P. for the Respondent Nos. 1

& 2-State, does not oppose this request.

4. In view of the no objection, leave is granted to withdraw the present

Appeal with liberty as prayed for by Mr. Abhishek Nandimath, learned

Advocate for the Appellant. If a fresh Application is filed before the Trial

Court, same be considered on its own merits and in accordance with law.

5. Criminal Appeal No. 194 of 2026 is disposed of as withdrawn.

Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.09.16
10:37:26
+0530

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