Bombay High Court

SWAYAM GANESH SAWANTversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The appeal is disposed of as withdrawn.

Summary

The appellant, Swayam Ganesh Sawant, filed a criminal appeal before the Bombay High Court, Aurangabad Bench, seeking leave to withdraw the appeal. The learned counsel for the appellant requested the court's permission to withdraw, which the court granted, disposing of the appeal as withdrawn. The court directed that the trial court should independently consider the appellant's application for regular bail on its merits. It also noted that the counsel appointed for Respondent No.2 under legal aid would have his fees quantified according to the applicable rules and paid by the Legal Aid Sub‑Committee. No substantive merits of the original criminal case were addressed as the appeal was withdrawn.

Issues considered

Whether a criminal appeal can be withdrawn at the appellate stage
Procedural requirements for withdrawal of an appeal
Whether the trial court must still consider a pending bail application

Subjects

withdrawal of appeal
criminal procedure
bail
legal aid
High Court

Judgment

                                                                        924apeal84-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           924 CRIMINAL APPEAL NO. 84 OF 2026

                                   Swayam Ganesh Sawant
                                           VERSUS
                            The State Of Maharashtra And Another
                                              ...
           Mr. Deshmukh Ashish P, Advocate for Appellant
           Mr. S. S. Dande, APP for the respondent State.
           Mr. Umesh B. Gite, Advocate for Respondent No.2-Appointed

                                 CORAM      : Y. G. KHOBRAGADE, J.
                                Dated       : 8th April, 2026

           PER COURT :-
           1.    On instructions, the learned counsel appearing for the appellant

           seeks leave to withdraw the appeal. The criminal appeal is disposed of

           as withdrawn.     However, the learned trial court shall consider the

           application for regular bail on its own merit.


           2.    The learned counsel Mr. Umesb B. Gite was appointed for

           Respondent No.2 through legal aid, hence, his fees shall be quantified

           as per rule and be paid by the Legal Aid Sub Committee, High Court,

           Bench at Aurangabad.




                                                            ( Y. G. KHOBRAGADE, J. )
JPChavan




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