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Bombay High Court

SURAJ TUKARAM KARALEversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The appeal is withdrawn with liberty to file a bail application in the other case.

Summary

The appellant, Suraj T. Karale, was arrested in a separate case (Crime No. 333 of 2026) while his appeal (Criminal Appeal No. 540 of 2026) was pending. The appellant's counsel sought permission to withdraw the pending appeal and requested liberty to file a regular bail application in the new case. The Court granted leave to withdraw the appeal and ordered that the appeal be disposed of as withdrawn, while allowing the appellant to file a bail application. The Court further directed that any bail application filed should be decided by the trial court within ten days of filing. The order was pronounced by Justice N.R. Borkar.

Issues considered

  • Whether a pending criminal appeal can be withdrawn by the appellant.
  • Whether the appellant may be granted liberty to file a regular bail application in a separate case after withdrawing the appeal.

Subjects

  • withdrawal of appeal
  • bail
  • criminal procedure
  • court discretion

Judgment

                                                           23-APEAL-540-26.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 540 OF 2026

Suraj T. Karale                                 …Appellant.
     V/s.
The State of Maharashtra & Anr.                 ...Respondents.

                            …………..
Mr. Chaitanya C. Mulawkar for the Appellant.
Mrs. Rutuja Ambekar, APP for the Respondent/State.
Ms Komal Sinha, Appointed Advocate for Respondent No.2.
                            …………..
                          CORAM :         N.R. BORKAR, J.
                          DATE       :    06.10.2026.
P.C. :

1.       Learned APP for the respondent/State submits that the
appellant is arrested in another Crime No. 333 of 2026 registered
at Sahkarnagar Police Station.


2.       In that view of the matter, learned counsel for the appellant,
on instructions, seeks leave to withdraw the present appeal with
liberty to file a regular bail application in the present crime also.


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 The Appeal is disposed of as withdrawn with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


4.       If such application is filed, the trial Court shall endeavour to
decide the said application within a period of 10 days from the
date of its filing.



                                                [N.R.BORKAR, J.]

Dinesh S. Sherla                       1/1


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