Bombay High Court

SUREKHA PRANT PAWAR AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The bail application is disposed of as withdrawn.

Summary

Surekha Prant Pawar and another filed Criminal Bail Application No. 802 of 2026 against the State of Maharashtra. The State objected, citing a prior order dated 3 July 2026 in Bail Application No. 111 of 2026, and the Court indicated it was not inclined to consider the present application. The applicants' counsel was absent when the matter was called, leading the Court to adjourn the case to 2 September 2026 for a possible dismissal. On 2 September 2026, the counsel for the applicants sought unconditional withdrawal of the bail application, which was not opposed by the State. The Court granted leave to withdraw and disposed of the bail application as withdrawn.

Issues considered

Whether the bail application is maintainable in view of the earlier order in Bail Application No. 111 of 2026
Whether a bail application can be withdrawn unconditionally by the applicants

Subjects

bail
criminal procedure
withdrawal
maintainability
court order

Judgment

                                                                                          905 - BA - 802 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAIBHAV
RAMESH                                    CIRCUIT BENCH AT KOLHAPUR
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
                                        CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.02
17:25:13 +0530




                                     CRIMINAL BAIL APPLICATION NO. 802 OF 2026

                      Surekha Prant Pawar & Anr.                                 … Applicants
                                   V/s.
                      The State of Maharashtra & Anr.                            … Respondents

                      Mr. Tabish Mooman (through V.C.) for the Applicants.
                      Mr. Shrikant H. Yadav, APP for the State.



                                                           CORAM           : ASHWIN D. BHOBE, J.

                                                           DATED           : SEPTEMBER 2, 2026
                      P.C.:


                      1.      On 1st September 2026, the following order was passed:

                              “1.    This Application was argued by Mr. Tabish Mooman, learned Advocate for
                              the Applicants through V.C. in the morning session.

                              2.      Mr. Yadav, learned A.P.P. for the Respondents-State had raised an objection
                              to the maintainability of this Application in view of the order dated 3 rd July 2026
                              passed by this Court in Criminal Bail Application No. 111 of 2026. Upon the
                              objection being raised and this Court having expressed its view of not being
                              inclined to consider this Criminal Bail Application, Mr. Tabish Mooman, learned
                              Advocate for the Applicants appearing through V.C. requested for a pass over to
                              take instructions from the Applicants.

                              3.     When this matter was called out at the time of rising of this Court, neither
                              the Advocate for the Applicants is present in the Court nor Advocate Mr. Tabish
                              Mooman is present through V.C..

                              4.      To afford an opportunity to the Advocate for the Applicants to appear, list
                              this matter on 2nd September 2026, under the caption ‘For Dismissal’.

                              5.      It is clarified that, if on 2nd September 2026, the Advocate for the
                              Applicants chooses not to appear, appropriate orders after hearing the learned
                              A.P.P. would be passed.”




                      VRJ                                                                                         1
                                                    905 - BA - 802 - 2026.docx


2.    Today, Mr. Tabish Mooman, learned Advocate for the Applicants,

on instructions from the Applicants, seeks leave to unconditionally

withdraw the present Bail Application. This request is not opposed by

Mr. Shrikant H. Yadav, learned APP for the State.


3.    In view of the statement made by Mr. Tabish Mooman, learned

Advocate for the Applicants, leave is granted to withdraw the present

Bail Application.


4.    The Bail Application stands disposed of as withdrawn.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                         2

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