Bombay High Court

SUKANT GAJANAN SAWANTversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

Leave is granted to withdraw the bail application, and any fresh application before the trial court shall be considered on its own merits.

Summary

The applicant, Sukant Gajanan Sawant, filed a criminal bail application (No. 540 of 2026) before the Bombay High Court seeking liberty to withdraw the application and re‑file it before the trial court, invoking a prior order dated 15 September 2025. The applicant's counsel, Ms. Sanjana Desai, requested leave to withdraw, while the State's counsel, Mr. Shrikant H. Yadav, did not oppose the request. The Court examined whether the applicant could withdraw the bail application and approach the trial court afresh under the earlier liberty. The Court granted leave to withdraw the bail application, directing that any fresh application before the trial court be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the pending bail application and re‑file it before the trial court under the liberty granted in the earlier order of 15 September 2025.

Subjects

bail
withdrawal
criminal procedure
High Court
trial court
liberty

Judgment

                                                                                503-ba-540-2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                       CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:07 +0530                     CRIMINAL BAIL APPLICATION NO. 540 OF 2026

                      Sukant Gajanan Sawant                           … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                 … Respondents

                      Ms. Sanjana Desai i/by Sangram Desai for the Applicant.
                      Mr. Shrikant H. Yadav, APP for the State.



                                                    CORAM         : ASHWIN D. BHOBE, J.

                                                    DATED         : SEPTEMBER 22, 2026
                      P.C.:


                      1.      This Application is circulated pursuant to the praecipe dated

                      22nd September 2026. The same is taken on record and marked with 'X'

                      for identification.


                      2.      At the request of Ms. Sanjana Desai, learned Advocate for the

                      Applicant, this Application was ordered to be listed on the “Production

                      Board”.


                      3.      Ms. Sanjana Desai, learned Advocate for the Applicant, on

                      instructions from the Applicant, seeks leave to withdraw the present

                      Bail Application to renew the request for bail before the Trial Court in

                      terms of the liberty granted by this Court by order dated 15th

                      September 2025 passed in Criminal Bail Application No. 2775 of 2025.




                      VRJ                                                                         1
                                                            503-ba-540-2026.docx


4.      Mr. Shrikant H. Yadav, learned APP for the State, submits that the

recourse suggested by Ms. Sanjana Desai, learned Advocate for the

Applicant, is the proper recourse and, therefore, he does not oppose the

same.


5.      In view of the statement made by Ms. Sanjana Desai, learned

Advocate for the Applicant, leave is granted to withdraw this Bail

Application to approach the Trial Court in terms of the liberty granted

by order dated 15th September 2025 passed in Criminal Bail

Application No. 2775 of 2025.


6.      If a fresh Bail Application is filed before the Trial Court in terms

of the said liberty, the same be considered on its own merits and in

accordance with law.


7.      Criminal Bail Application No. 540 of 2026 stands disposed of as

withdrawn.




                                             (ASHWIN D. BHOBE, J.)




VRJ                                                                           2

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