Bombay High Court

SURESH KARBHARI HIRGUDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed Off

Holding

The court allowed the withdrawal of the bail application and disposed it as withdrawn, without further directing the trial court.

Summary

The applicant, Suresh Karbhari Hirgude, had previously filed multiple bail applications which were dismissed, and the Supreme Court also dismissed his special leave to appeal. The trial in Sessions Case No.30 of 2022 was ongoing, with the trial court reporting that further evidence would be recorded on 27 August 2026. The applicant's counsel sought a further direction to expedite the trial, alleging delay due to the jail authorities not producing the accused. The respondent's counsel assured that the jail would produce the accused at each hearing. The applicant then requested leave to withdraw the current bail application, and the court granted the withdrawal, disposing the application as withdrawn without issuing any new direction.

Issues considered

Whether the trial court should be directed to expedite the pending trial in Sessions Case No.30 of 2022.
Whether the applicant may be permitted to withdraw the pending criminal bail application.

Subjects

criminal bail
withdrawal of application
trial delay
expedition of trial
jail authorities

Judgment

Digitally signed
LAXMIKANT by LAXMIKANT
GOPAL
GOPAL CHANDAN (32) BA-314.26.DOCX
CHANDAN Date: 2026.08.18
10:03:30 +0530
lgc

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

CRIMINAL BAIL APPLICATION NO.314 OF 2026

Suresh Karbhari Hirgude : Applicant.
Versus
The State of Maharashtra & Anr. : Respondents.

______________________________________________________

Mr. Rahul B Khot for the Applicant.
Mr. N B Patil, APP for the Respondents – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 17 AUGUST 2026
PC:-

1. Mr. N. B. Patil, learned APP for the Respondents – State,
submits that the Applicant was before this Court in Criminal Bail
Application No.4233 of 2021 which was dismissed by this Court on
28 November 2022. Special Leave to Appeal (Crl) No.12413 of
2023 filed by the Applicant against the said order was also
dismissed by the Hon’ble Supreme Court on 21 November 2023.
Second Bail Application bearing No.4695 of 2024 filed by the
Applicant was rejected by this Court on 01 April 2025.

2. Mr. N. B. Patil, learned Advocate for the Respondents,
submits that this Court has already requested the Trial Court to

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(32) BA-314.26.DOCX

make an endeavour to conclude the trial in Sessions Case No.30 of
2022 as early as possible.

3. By order dated 03 August 2026 passed in this Bail
Application this Court had called for report from the Trial Court.
The Additional Sessions Judge, Sangli has filed his report dated 13
August 2026 in which the Sessions Court has submitted that six
witnesses have been examined in Sessions Case No.30 of 2022.
The report states that the summons have been issued to witnesses
and the matter is now fixed on 27 August 2026 for recording
further evidence on behalf of the prosecution. Thus, it appears that
the Trial Court is proceeding with the trial.

4. Mr. Rahul Khot, learned Advocate for the Applicant, requests
for a further direction to the Trial Court to expedite the trial.

5. This Court by order dated 01 April 2025 in paragraph 7 has
already requested the Trial Court to make an endeavour to
conclude the trial as early as possible. In view of the said
observations, no further order is required. The Trial Court to
comply with the observations made by this Court in paragraph 7 of
the order dated 01 April 2025 in Criminal Bail Application
No.4695 of 2024.

6. Mr. Rahul Khot, learned Advocate for the Applicant, states
that the delay in trial is caused for non-production of the accused
before the Trial Court by the Jail Authorities.

7. Mr. N. B. Patil, learned APP for the Respondents, states that
the Jail Authorities would ensure that the accused who is in jail
shall be produced before the Trial Court on each date of hearing.

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(32) BA-314.26.DOCX

8. Based on the above, Mr. Rahul Khot, learned Advocate for
the Applicant, seeks leave to withdraw the this Bail Application.

9. In view of the statement made by Mr. Rahul Khot, learned
Advocate for the Applicant, leave is granted to withdraw the
present Bail Application.

10. Criminal Bail Application No.314 of 2026 is disposed of as
withdrawn.

(ASHWIN D. BHOBE, J.)

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