Bombay High Court

BABURAO SHIVAJI GADEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The appeal is withdrawn with liberty to file a regular bail application.

Summary

Baburao Shivaji Gade appealed against the State of Maharashtra challenging the trial proceedings in Crime No. 70 of 2025, which involved offences under the Bhartiya Nyaya Sanhita, the SC/ST (Prevention of Atrocities) Act and the Protection of Children from Sexual Offences Act. The appellant, through counsel, sought permission to withdraw the appeal and to be allowed to file a regular bail application. The Court examined whether the appeal could be withdrawn and whether liberty could be granted for a bail application. Finding no impediment, the Court allowed the withdrawal and granted the requested liberty. Consequently, the appeal was disposed of as withdrawn, enabling the appellant to pursue bail relief.

Issues considered

Whether a criminal appeal can be withdrawn at the appellate stage
Whether the appellant can be granted liberty to file a regular bail application after withdrawing the appeal

Legislation cited

Bhartiya Nyaya Sanhita — s. 137(2), 351, 64, 65(1)
Protection of Children from Sexual Offences Act — s. 10, 12, 4, 6, 8
Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(w)(i), 3(2)(va)

Subjects

criminal appeal
withdrawal of appeal
bail
sexual offences
SC/ST atrocities
POCSO

Judgment

2026:BHC-AUG:7117
                                                                     904apeal979-25

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            904 CRIMINAL APPEAL NO. 979 OF 2025

                                      Baburao Shivaji Gade
                                            VERSUS
                              The State Of Maharashtra And Others
                                               ...
            Mr. Thorat Nanabhau R, Advocate for Appellant
            Mr. V. M. Chate, APP for Respondents State

                                  CORAM    : Y. G. KHOBRAGADE, J.
                                 Dated     : 17th February, 2026

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

            appellant seeks leave to withdraw the appeal with liberty to file

            application for regular bail in connection with Crime No. 70 of 2025

            registered with Pahur Police Station, District Jalgaon for the offences

            punishable under sections 64, 65(1),    137(2),   351 of the Bhartiya

            Nyaya Sanhita, under sections 3(1)(w)(i), 3(2)(va),of Schedule Castes

            and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under

            section 4, 6, 8, 10 and 12 of the Protection of Child from Sexual

            Offences Act.


            2.       In view of the above, the appeal is disposed of as withdrawn

            with liberty as prayed for.




                                                         ( Y. G. KHOBRAGADE, J. )
 JPChavan



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