Bombay High Court
GAJANAN MAHADEO DHAKARKEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The bail application is dismissed as withdrawn, with liberty granted to the applicant to approach the court later in accordance with law.
Summary
Gajanan Mahadeo Dhakarke filed a bail application before the Bombay High Court. The learned Judge expressed disinclination to grant bail and allowed the applicant to withdraw the application, granting him liberty to approach the court later if needed. The court also noted the assistance of a legal‑aid advocate appointed for Respondent No.2 and directed that her fees be paid by the High Court Legal Aid Services Authority under the Maharashtra State Legal Services Authority Rules, 1998. The bail application was consequently dismissed as withdrawn. The order referenced the earlier decision in Sanjyot Nitin Telharkar v. State of Maharashtra & Anr. regarding legal‑aid fee payment.
Issues considered
- What is the appropriate disposition of the bail application filed by the applicant?
- Whether the applicant may withdraw the bail application with liberty to re‑apply later.
Legislation cited
- Maharashtra State Legal Services Authority Rules, 1998 — s. Regulation 18(1)
Subjects
- bail
- withdrawal of application
- legal aid
- High Court
- Criminal Appellate Jurisdiction
Judgment
64.BA.3419.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3419 OF 2026
Gajanan Mahadeo Dhakarke .. Applicant
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Amit Icham, Advocate for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent No.1 – State.
Ms. Priyanka Chavan, Advocate for Respondent No.2.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026.
P.C.:
1. Heard Mr. Icham, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent No.1 – State and Ms. Chavan,
learned Advocate for Respondent No.2.
2. After expressing my disinclination to Mr. Icham for allowing
the present Bail Application, he would submit that Applicant be
allowed to withdraw the Bail Application with leave and liberty to the
Applicant to approach this Court later in accordance with law.
Reserving such leave and liberty to Applicant as available to him in
law, Bail Application is dismissed as withdrawn.
3. This Court appreciates the assistance rendered by Ms.
Chavan, learned Advocate appointed through the Legal Aid to espouse
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64.BA.3419.2026.doc
the cause of Respondent No. 2. Her fees are to be paid by the High
Court Legal Aid Services Authority as per rules on production of a
server copy of this order and other compliances in accordance with the
decision of this Court in the case o f Sanjyot Nitin Telharkar Vs. The
State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1)
of the Maharashtra State Legal Services Authority Rules, 1998.
4. Bail Application is dismissed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.29
19:12:07 +0530
1 Misc. Civil Application No.134 of 2024 – Decided on 25.09.2024.
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