Bombay High Court

SOPAN ALIAS UMESH RAMESH NIGALversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The Court held that a criminal appeal may be withdrawn, provided the appellant is granted liberty to revive the bail prayer if the trial does not make substantial progress within six months.

Summary

The appellant, Sopan alias Umesh Ramesh Nigal, filed a criminal appeal against the State of Maharashtra. During the pendency of the appeal, his counsel sought leave to withdraw the appeal, asking that the court grant liberty to revive a bail application if the trial does not make substantial progress within six months. The Court examined the procedural propriety of allowing such a withdrawal with a conditional liberty. It held that the request was permissible subject to the stipulated condition. Accordingly, the appeal was dismissed as withdrawn, with liberty to file for bail later. No merits of the original criminal charge were addressed.

Issues considered

Whether a criminal appeal may be withdrawn with liberty to revive a bail application if the trial does not progress within a specified period

Subjects

criminal appeal
withdrawal of appeal
bail
procedural law
high court

Judgment

2026:BHC-AUG:44706




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              901 CRIMINAL APPEAL NO. 311 OF 2026

                                SOPAN ALIAS UMESH RAMESH NIGAL
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
           Mr. Satej S. Jadhav, Advocate for Appellant
           Mr. K. A. Kale, Advocate for Respondent No.2.
           Mr. S. P. Joshi, APP for the Respondent/State

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED     : 30th SEPTEMBER, 2026

           PER COURT :-

           1.    Pursuant to the order passed by this Court on 29.09.2026, learned

           Advocate appearing for the Appellant seeks leave to withdraw the present

           Appeal, with liberty to revive the prayer for bail in the event that there is no

           substantial progress in the trial within a period of six months.


           2.    In view of the above, appeal stands dismissed as withdraw with liberty

           as prayed.

                                                                  ( R. M. JOSHI, J.)
           ssp




           901 APEAL 311.2026.odt                                                      1 of 1

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