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Bombay High Court

SAGAR RAMESH NARGOLKARversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the criminal application is granted, with liberty to file a discharge application thereafter.

Summary

The applicant, Sagar Ramesh Nargolkar, filed Criminal Application No.404 of 2026 seeking relief. After the matter was closed for orders on 30 July 2026, the applicant's counsel requested leave to withdraw the application, reserving the right to file a Discharge Application before the trial court. The High Court examined whether such withdrawal could be permitted and what effect it would have on any subsequent discharge application. The Court granted leave to withdraw the criminal application, expressly allowing the applicant to file a discharge application thereafter. It ordered that the withdrawn application be deemed disposed and that any discharge application be decided on its own merits, unaffected by the withdrawal.

Issues considered

  • Whether the High Court may grant leave to withdraw a criminal application pending before it
  • Whether the withdrawal of the criminal application precludes the filing or merits of a subsequent discharge application

Subjects

  • withdrawal of criminal application
  • discharge application
  • high court procedure
  • criminal appellate jurisdiction
  • leave to withdraw

Judgment

                    P.H. JAYANI                                              502 APL404.2026.DOC


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL APPLICATION (APL) NO. 404 OF 2026

                    Sagar Ramesh Nargolkar                                     …. Applicant
                          V/s.
                    The State of Maharashtra and ors.                       …Respondents


                    Mr. Rishi Bhuta a/w. Adv. Neha Patil, Mr. K.R. Shah, Ms. Ankita
                    Bamboli, Ms. Saakshi, Mr. Parth Govilkar, Mr. Pratham Jain and
                    Ms. Tanvi Khondalkar i/b. Mr. Prateek Dutta for the Applicant.
                    Mr. Vinit Kulkarni, APP for Respondent No.1 – State.
                    Mr. Ajaykumar Yadav for Respondent No.3.
                    Mr. Ganesh Tarage, API, M.H.B. Colony Police Station, present.


                                                CORAM:        SHYAM C. CHANDAK, J.
                                                DATED :       6th OCTOBER, 2026
                    P.C. :-
                    1.        This Application was closed for orders on 30.07.2026. After
                    pointing out the material to Mr. Bhuta, the learned Counsel for the
                    Applicant, he, on instructions, sought leave to withdraw the
                    aforesaid Criminal Application with liberty to file Discharge
                    Application before the trial Court.

                    2.        Leave to withdraw is granted, with aforesaid liberty.

                    3.        Criminal Application (APL) No.404 of 2026 stands disposed
                    of as withdrawn.

                    4.        If Discharge Application is filed, it shall be decided on its
                    own merits without getting influenced by the fact that this
                    Application is withdrawn.



       Digitally
       signed by
       PREETI
PREETI HEERO
                                                      (SHYAM C. CHANDAK, J.)
HEERO JAYANI
JAYANI Date:
       2026.10.07
       14:37:02
       +0530
                                                     Page 1 of 1


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