Bombay High Court
SAHIL SANTOSH SAYEKARversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The High Court allowed the withdrawal of the bail application, disposing of it as withdrawn.
Summary
The applicant, Mr. Sahil Santosh Sayekar, filed a criminal bail application (No. 771 of 2026) seeking regular bail in connection with Crime No. 242 of 2026. During the pendency of the application, the charge-sheet in the underlying case was filed, prompting the applicant's counsel to request withdrawal of the bail application and to file a fresh application before the trial court. The State and the third respondent did not oppose the withdrawal. The High Court, after noting the applicant's request and the lack of opposition, granted leave to withdraw the bail application, directing that any fresh application be considered on its merits. Consequently, the bail application was disposed of as withdrawn, and the legal services committee was directed to pay legal fees to the respondent's counsel under the Legal Aid Scheme.
Issues considered
- What is the procedure for withdrawing a pending criminal bail application?
- Whether the High Court can permit withdrawal of a bail application when the charge-sheet has been filed.
Subjects
- criminal bail
- withdrawal of application
- charge-sheet
- legal aid
- procedure
Judgment
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48-BA-771-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 771 OF 2026
Sahil Santosh Sayekar …...Applicant
VERSUS
State Of Maharashtra And Anr. …...Respondents
_________________________________________________________________
Mr. Kunal V. Patil a/w Ms. Rajnandini P. Katkar, for Applicant.
Mr. A. A. Naik, APP, for Respondent Nos.1 and 2 – State.
Ms. Vijayalaxmi Kamat, appointed Advocate for Respondent No.3 (Through
Legal Aid).
PSI, Ms. Pranali, Pawar, Radhanagri Police Station, present.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
_________________________________________________________________
DHUDUM Date:
2026.09.23
20:08:26
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd SEPTEMBER, 2026.
P.C.
1. Heard Mr. Kunal V. Patil, learned Advocate for the Applicant, Mr.
A. A. Naik, learned A.P.P. for Respondent Nos.1 and 2 – State and Ms.
Vijayalaxmi Kamat, for Respondent No.3.
2. By the present Application, the Applicant has sought the
following substantial relief:
“(b) That this Hon’ble Court be pleased to release the
present Applicant on Regular Bail in connection with C.R.
No.242 of 2026 registered with Radhanagari Police
Shantanu S. Dhudum
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48-BA-771-2026 (CR).DOC
Station, Dist. Kolhapur on any such terms and conditions
as this Hon’ble Court may deem fit and proper.”
3. Mr. Kunal V. Patil, learned Advocate for the Applicant, on
instructions from the Applicant, states that during the pendency of this
Application, the charge-sheet in Crime No.242 of 2026 has been filed. He,
therefore, on instructions from the Applicant, seeks leave to withdraw the
present Bail Application to approach the Trial Court by filing a fresh Bail
Application in view of the aforesaid subsequent change in circumstances.
4. This request is not opposed by Mr. A. A. Naik, learned A.P.P. for
Respondent Nos.1 and 2 – State and Ms. Vijayalaxmi Kamat, for
Respondent No.3.
5. In view of the statement made by Mr. Kunal V. Patil, learned
Advocate for the Applicant, leave is granted to withdraw this Bail
Application with liberty as prayed for.
6. If a fresh Bail Application is filed before the Trial Court, the same
shall be considered on its own merits and in accordance with law.
7. Criminal Bail Application No.771 of 2026 is disposed of as
withdrawn.
8. The High Court Legal Services Committee, Mumbai, Circuit
Bench at Kolhapur, shall quantify and pay the legal fees payable under the
Shantanu S. Dhudum
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48-BA-771-2026 (CR).DOC
Legal Aid Scheme to Advocate Ms. Vijayalaxmi Kamat, who has appeared
and represent the Respondent No.3 in this Application.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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