Bombay High Court

DARASINGH DAULATSINGH THAKURversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The Court granted liberty to withdraw the bail applications and dismissed them as withdrawn, allowing fresh applications after the viscera report or six months, whichever is earlier.

Summary

Hanumansinh Gangasinh Thakur and Darasingh Daulatsingh Thakur filed separate bail applications before the Bombay High Court, Aurangabad Bench. Both applicants, through their counsel, sought permission to withdraw the applications and to re‑file them after the prosecution produces the viscera report, or within a specified period if the report is not filed. The Court granted liberty to withdraw the applications and stipulated that fresh applications may be filed after the viscera report is filed or after six months from the order, whichever is earlier. The Court directed that if a fresh application is filed after the viscera report, the trial court must consider the report; if filed without the report, the trial court may decide the bail on its merits provided the trial has not substantially progressed. Consequently, both bail applications were dismissed as withdrawn.

Issues considered

Whether the applicants may be permitted to withdraw their bail applications and re‑file them after the viscera report is produced
Whether the trial court must consider the viscera report when deciding a fresh bail application
Whether bail can be granted in the absence of a viscera report if the trial has not substantially progressed

Subjects

bail
viscera report
withdrawal of application
criminal procedure
trial progress

Judgment

2026:BHC-AUG:40291
                                                -1-
                                                                      901-BA-1401-2026

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1401 OF 2026

                           HANUMANSINH GANGASINH THAKUR
                                            VERSUS
                              THE STATE OF MAHARASHTRA
                                              ......
              Advocate for Applicant : Mr. Santosh C. Bhosle
              APP for Respondent - State: Mr. S. D. Ghayal
                                              ...…


                                           WITH
                             BAIL APPLICATION NO. 1284 OF 2026

                            DARASINGH DAULATSINGH THAKUR
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                              ......
              Advocate for Applicant : Mr. Vijay Bhalerao Patil
              APP for Respondent - State: Mr. S. D. Ghayal
                                              ...…

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 3rd SEPTEMBER 2026
              PER COURT :

              1.          In continuation of the order passed yesterday, the

              learned Advocates for the applicants have taken instructions. The

              learned Advocates for the applicants in both the applications, after

              taking instructions from their respective clients, submit that they

              may be permitted to withdraw the applications and grant liberty to

              file applications afresh either after the viscera report is made

              available by the prosecution to the applicants or within a period of

              four months, in case the viscera report is not filed.
                                  -2-
                                                        901-BA-1401-2026




2.          Liberty to withdraw is granted. However, the applicants

are at liberty to file afresh bail applications after the viscera report

is filed by the prosecution or after six months from the date of this

order, whichever is earlier.



3.          In case the applications are filed after the viscera

report is made available, the learned Trial Court to consider the

viscera report and decide the applications on its own merits.



4.          In case the applications are filed in absence of viscera

report, then the said applications be decided on its own merits in a

case if the trial is not substantially progressed.



5.          In light of the above, both the applications stand

dismissed as withdrawn.


                                        (HITEN S. VENEGAVKAR)
                                               JUDGE




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