Bombay High Court

ANIL TUKARAM BANKARversusSTATE OF MAHARASHTRA AND ANR

Decided: 10 September 2026
Disposal: Disposed off as Withdrawn

Holding

The appeal was disposed, permitting withdrawal of the appeal and allowing the appellant to seek regular bail, with the appellant deemed in custody for the bail hearing.

Summary

Appellant Anil Tukaram Bankar filed a criminal appeal against the State of Maharashtra. During the pendency of the appeal, the prosecution lodged 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 High Court allowed the withdrawal, granted liberty to file the 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, with the bail matter to be decided on its merits. Consequently, the appeal was disposed of on these terms.

Issues considered

Whether an appellant may withdraw a criminal appeal after the charge‑sheet has been filed
Whether the appellant is entitled to regular bail while the appeal is pending

Subjects

criminal appeal
withdrawal of appeal
regular bail
charge-sheet
deemed custody

Judgment

                                                                              (6)-22-APEAL-317-2026.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO. 317 OF 2026

                      Anil Tukaram Bankar                               …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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                                                          (6)-22-APEAL-317-2026.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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