Bombay High Court

DIPAK PRABHAKAR KADAMversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn
Bench: S G CHAPALGAONKAR

Holding

The bail application was disposed of as withdrawn, with liberty to re‑apply before the Sessions Court.

Summary

Dipak Prabhakar Kadam applied for bail before the Aurangabad Bench of the Bombay High Court against the State of Maharashtra. During the pendency of the bail application, the prosecution filed a charge-sheet. The court held that the bail application could be treated as withdrawn and dismissed, granting the applicant liberty to file a fresh bail application before the Sessions Court. Additionally, the court directed the High Court Legal Services Sub‑Committee to pay the remuneration of the counsel appointed for respondent No.2 in accordance with the applicable rules. No substantive discussion on the merits of the bail claim was made as the application was withdrawn.

Issues considered

Whether a bail application pending before the High Court should be dismissed upon filing of a charge‑sheet?
Whether the High Court Legal Services Sub‑Committee is obligated to pay remuneration to counsel appointed for respondent No.2?

Subjects

bail
charge-sheet
withdrawal
remuneration
legal services
High Court

Judgment

2026:BHC-AUG:10765




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   12 BAIL APPLICATION NO. 137 OF 2026

                                        Dipak Prabhakar Kadam
                                               VERSUS
                                 The State Of Maharashtra And Others
                                                   ...
                     Advocate for Applicant : Mr. Deshmukh Vivekanand B.
                     APP for Respondents: Mr.P.P. Dawalkar
                     Advocate for Respondent 2 : Ms. P C. Kale ( Appointed )
                                                   ...

                                            CORAM : S. G. CHAPALGAONKAR, J.
                                           Dated        : March 09, 2026

                     PER COURT :-
                     1.      Learned advocate appearing for the applicant submits
                     that during pendency of this application, charge-sheet is filed.
                     Hence, the application stands disposed off as withdrawn with
                     liberty to file application before the Sessions Court.


                     2.      The    Secretary,   High    Court   Legal   Services   Sub-
                     Committee, Aurangabad to pay the remuneration of the
                     counsel appointed to represent cause of respondent no.2, as
                     per the rules.


                                                         ( S. G. CHAPALGAONKAR, J. )
                                                        …




                     aaa/-

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