Bombay High Court

VIJAY KHEMA RATHOD AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The appeal may be withdrawn even after the filing of a charge-sheet, with the Court granting liberty to the appellant to seek bail before the Sessions Court.

Summary

The appellants, Vijay Khema Rathod and another, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. While the appeal was pending, the trial court filed a charge-sheet against them. The appellants' counsel then moved the High Court seeking to withdraw the appeal and requested liberty to file a bail application before the Sessions Court. The Court considered whether an appeal could be withdrawn after a charge-sheet had been filed and whether liberty to seek bail could be granted. Finding no legal impediment, the Court dismissed the appeal as withdrawn and granted the requested liberty. Consequently, the appellants may now approach the Sessions Court for bail.

Issues considered

Whether a criminal appeal pending before the High Court can be withdrawn after a charge-sheet has been filed, and whether the Court can grant liberty to the appellant to apply for bail before the Sessions Court.

Subjects

criminal appeal
withdrawal of appeal
charge-sheet
bail application
procedural law

Judgment

                                 -1-
                                                   criappeal681.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

              902 CRIMINAL APPEAL NO. 681 OF 2026

Vijay Khema Rathod & another                     ….Appellants

VERSUS

The State of Maharashtra & another               …..Respondents

Mr. Madhav Jadhav, Advocate holding form Mr. A. S. More, Advocate
for Appellants.
Mr. N. R. Dayama, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 3rd SEPTEMBER, 2026.
PER COURT :


1.       Learned Counsel for Appellants submits that during the

pendency of the appeal, charge-sheet has been filed. He, therefore,

seeks withdrawal of the appeal with liberty to file application for bail

before the Sessions Court.

2.     Appeal stands dismissed as withdrawn with liberty as prayed

for.



                                                 ( R. M. JOSHI, J.)

dyb

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