Bombay High Court

HARSHAL PRATAP RAUTversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 10 September 2026
Disposal: Disposed off as Withdrawn

Holding

The appeal is disposed, permitting the appellant to withdraw the appeal and to seek regular bail, with the condition that the bail application be filed within three weeks and the appellant be treated as deemed in custody.

Summary

Harshal Pratap Raut appealed against the State of Maharashtra. While the appeal was pending, the prosecution filed a charge‑sheet. The appellant, through counsel, sought permission to withdraw the appeal and to file an application for regular bail before the Special Court/Trial Court. The Court allowed the withdrawal, directing that if a bail application is filed within three weeks, the appellant shall not be arrested until the bail application is decided. The Court further directed that the Special Court/Trial Court shall treat the appellant as deemed to be in custody and decide the bail application on its own merits. Accordingly, the appeal was disposed in the terms specified.

Issues considered

Whether an appellant may withdraw a criminal appeal after the charge‑sheet has been filed
Whether the appellant can be granted liberty to apply for regular bail pending disposal of the appeal

Subjects

appeal withdrawal
regular bail
special court
deemed custody
criminal procedure

Judgment

                                                                                 (2)22-APEAL-312-2026


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO. 312 OF 2026

                      Harshal Pratap Raut                               …Appellant

                              V/s.

                      The State of Maharashtra & Anr.                   ...Respondents


                      Mr. Siddhasen Yadav a/w Mr. Siddhant S., Advocate for the
PRAMOD                Appellant.
SANTOSH
LAKARE                Mr. P. H. Gaikwad, APP for the Respondent/State.
Digitally signed by
PRAMOD                Mr. Amandeep Singh Sra h/f Adv. Advait Shukla, Advocate for the
SANTOSH LAKARE
Date: 2026.09.10
19:10:33 +0530
                      Respondent No.2.
                      ACP. Mahesh Mugutrao, Tardeo Division, Mumbai, is present.


                                                       CORAM        :   N.R. BORKAR, J.
                                                       DATE         :   10.09.2026.

                      P.C. :

                      1.                The learned APP submits that during the pendency of

                      the present appeal, the prosecution has filed the charge-sheet. In

                      that view of the matter, the learned counsel for the appellant, on

                      instructions, seeks leave to withdraw the present appeal with

                      liberty to file an application for regular bail before the Special

                      Court/Trial Court.



                      2.                If such application is filed within a period of three

                      Pramod S.Lakare
                                                              1/2
                                                             (2)22-APEAL-312-2026


weeks from today, the appellant shall not be arrested till the

decision of the said application.



3.                The Special Court/Trial Court for the purpose of deciding

the said application for regular bail shall treat the present

appellant as deemed to be in custody.



4.                Needless to mention that Special Court/Trial Court shall

decide the application on it’s own merits.



5.                The appeal is disposed of in the aforesaid terms.



                                                   [N.R.BORKAR, J.]




Pramod S.Lakare
                                          2/2

Continue reading with your account

Checking your session…