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Bombay High Court

RUPESH SURESH KOCHAREversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

Since the trial court acquitted the accused, the bail application was deemed moot and was disposed of.

Summary

The applicant, Rupesh Suresh Kochare, filed a criminal bail application before the Bombay High Court, Kolhapur Bench. The trial court had already passed an order of acquittal in the underlying case. The court observed that an acquittal eliminates any basis for granting bail, rendering the application moot. Consequently, the bail application was disposed of. The court also directed that the counsel appointed for Respondent No.2 be paid professional fees as per the applicable rules.

Issues considered

  • Whether a bail application remains maintainable after the accused has been acquitted by the trial court

Subjects

  • bail
  • acquittal
  • criminal procedure
  • application disposed

Judgment

                                                                               9-BA-2033-2025 (CR).doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL BAIL APPLICATION NO. 2033 OF 2025

                                                  Rupesh Suresh Kochare
                                                         VERSUS
                                               State of Maharashtra and Anr.

                                                          ...
                        Mr. Aarya V. Ambulkar a/w Mr. Shravan Sul a/w Mr. Atharva Gidaye
                        i/by SHB Legal, Advocate for Applicant.
                        Ms. Sujata B. Lohar for Respondent No.2 through legal aid.
                        Dr. A. A. Takalkar, APP for the Respondent No.1-State.
                                                          ...

                                                        CORAM :     SACHIN S. DESHMUKH, J.
                                                        DATE :      18th MARCH, 2026.

           Digitally
                        P. C. :
           signed by
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2026.03.18
           18:15:10
           +0530
                        1.        In view of the order of acquittal passed by the concerned

                        Court, nothing survives in the present application. The application is

                        disposed of.

                        2.        The learned Counsel appointed to represent Respondent No. 2

                        shall be paid professional fees as per Rules.



                                                               [SACHIN S. DESHMUKH, J.]




                        Sajakali Jamadar                  1 of 1


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