Bombay High Court
SUNIL CHETNARAYAN UPADHYAYversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The High Court disposed of the bail application, directing the applicant to seek regular bail before the Sessions Court.
Summary
The applicant, Sunil Chetnarayan Upadhyay, had been granted interim bail by the Sessions Court and filed a bail application before the Bombay High Court seeking regular bail on medical grounds. The High Court observed that the appropriate forum for seeking regular bail is the Sessions Court and directed the applicant to file a fresh bail application there. The court granted liberty to the applicant to seek an extension of interim bail on medical grounds, if desired. It emphasized that any such application filed before the Sessions Court should be dealt with expeditiously given the applicant's medical condition. Consequently, the High Court disposed of the present bail application, directing the applicant to approach the Sessions Court for regular bail.
Issues considered
- Whether the High Court can entertain a regular bail application when interim bail has already been granted by the Sessions Court
- Whether the applicant should approach the Sessions Court for regular bail and extension on medical grounds
Subjects
- bail
- interim bail
- regular bail
- medical grounds
- procedural law
- criminal appellate jurisdiction
Judgment
57. BA-1799-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1799 OF 2026
Sunil Chetnarayan Upadhyay .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Mithilesh Mishra a/w Mr. Pavan Pandey & Mr. Devendra
Agarwal i/by Mr. Premkumar Pandey, Advocates for Applicant
Mr. Amit A. Palkar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 18, 2026
P. C.:
1. Heard Mr. Mishra, learned Advocate for Applicant and Mr.
Palkar, learned APP for State.
2. Applicant is granted interim bail by the Sessions Court. He has
chosen to file the Bail Application before this Court. I direct the
Applicant to approach the Sessions Court by filing appropriate Bail
Application in accordance with law since Applicant desires to argue on
merits. If the Applicant chooses to seek extension of interim bail on
medical ground, leave and liberty is granted to the Applicant to do so
in accordance with law.
3. In view of the above, present Bail Application is disposed of with
liberty to the Applicant to approach the concerned Sessions Court for
seeking regular bail. Needless to state that if Bail Application is filed
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57. BA-1799-26.odt
by Applicant before the Sessions Court, same shall be considered by
the learned Sessions Court as expeditiously as possible in view of the
medical condition of the Applicant which has been informed to the
Court by Mr. Mishra.
4. Bail Application is disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.18
20:08:12 +0530
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