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Bombay High Court

RAJESH NANA BHOIR @ RAJU BHOIRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal is withdrawn with liberty to file a bail application, and the appellant shall not be arrested pending that application.

Summary

The appellant, Rajesh Nana Bhoir, filed a criminal appeal against the State of Maharashtra. During the pendency of the appeal, the prosecution lodged a chargesheet. The appellant’s counsel then sought permission to withdraw the appeal and instead file a regular bail application before the trial/special court. The High Court granted leave to withdraw the appeal, ordered it to be disposed of as withdrawn, and allowed the appellant to file a bail application within two weeks without being arrested, treating him as in deemed custody for the purpose of the bail hearing. The trial court is directed to decide the bail application on its merits.

Issues considered

  • Whether an appeal can be withdrawn after the prosecution has filed a chargesheet
  • Whether the appellant may be granted liberty to file a bail application after withdrawing the appeal
  • Effect of deemed custody on the appellant pending the bail application

Subjects

  • criminal appeal
  • withdrawal of appeal
  • bail application
  • deemed custody
  • procedural law

Judgment

                                                          1               902-APEAL 343-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.343 OF 2026

                       Rajesh Nana Bhoir @ Raju Bhoir                     … Appellant
                             Vs.
                       State of Maharashtra & Anr.                        … Respondents
                                                         -----
                       Mr. Sidheshwar N. Biradar a/w Dinesh R. Shinde, Omhari B. Fawade,
                       Shahjahan V. for the Appellant.
                       Mr. P. H. Gaikwad, APP for Respondent No.1-State.
                       Ms. Darshana Kambli, appointed advocate for Respondent No.2.
                       ASI K. M. Nalawade, Dombivali PS is present.
                       Mr. Suraj N. Dhabale, Complainant is present.
                                                         -----
                                                        CORAM :     N.R. BORKAR, J.
                                                        DATE    :   19TH AUGUST 2026
                       P.C. :
          Digitally
          signed by
          MUGDHA
MUGDHA
MANOJ
          MANOJ
          PARANJAPE
                       1.       Learned Counsel for the Appellant submits that during the pendency
PARANJAPE Date:
          2026.08.19
          17:45:37
          +0530        of the present Appeal, the prosecution has filed chargesheet.


                       2.       In that view of the matter, Learned Counsel for the Appellant seeks
                       leave to withdraw the present Appeal with liberty to file regular bail
                       application before the trial court/special court. Leave as sought is granted.


                       3.       The Criminal Appeal is disposed of as withdrawn with liberty as
                       sought.


                       4.       The Appellant shall not be arrested till the decision of the
                       application if such application is filed within a period of two weeks from
                       today.


                            Mugdha                                                               1 of 2
                                    2               902-APEAL 343-26.doc




5.       The trial court/special court shall treat the Appellant to be in a
deemed custody for the purpose of deciding the application.


6.       Needless to mention that the trial court shall decide the application
on its own merits.


                                              (N.R. BORKAR, J.)




     Mugdha                                                                2 of 2


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