Bombay High Court

BHAGAT SINGH ANANT VISHWASRAOversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 10 September 2026
Disposal: Disposed off as Withdrawn

Holding

The appeal is disposed, permitting withdrawal of the appeal and granting liberty to file a regular bail application.

Summary

The appellant, Bhagat Singh Anant Vishwasrao, filed a criminal appeal against the State of Maharashtra. While the appeal was pending, the prosecution lodged a charge‑sheet. The appellant’s counsel sought permission to withdraw the appeal and to file an application for regular bail before the Special Court/Trial Court. The Court granted leave to withdraw the appeal, allowed the appellant to file a bail application within three weeks, and directed that the appellant be treated as deemed to be in custody for the purpose of the bail hearing. The Special Court/Trial Court was instructed to decide the bail application on its merits, and the appeal was disposed accordingly.

Issues considered

Whether the appellant may withdraw a pending criminal appeal and seek regular bail.
Whether the appellant should be treated as in custody for the purpose of a bail application pending withdrawal of the appeal.

Subjects

bail
withdrawal of appeal
criminal procedure
special court
custody

Judgment

                                                                              (5)-22-APEAL-313-2026.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO. 313 OF 2026

                      Bhagat Singh Anant Vishwasrao                     …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

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                                                          (5)-22-APEAL-313-2026.doc


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.]




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