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Bombay High Court

SAURABH VITHOBA RAWOOLversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The court allowed the applicant to withdraw the bail application, granting liberty to file a fresh application after the victim’s examination is completed.

Summary

The applicant, a 21‑year‑old, was arrested on 25 April 2026 in connection with CR No. 07/2026 and has been in custody for over five months. He filed a bail application seeking release on charges under several IPC sections. The prosecution indicated that the trial court must first examine the victim (Respondent No. 2) in the related Special Case No. 23 of 2026, estimating three months for completion. The applicant, through his counsel, requested permission to withdraw the bail application and file a fresh one after the victim’s examination. The High Court granted leave to withdraw the bail application, directed the trial court to complete the victim’s examination within three months, and disposed of the bail application as withdrawn.

Issues considered

  • Whether the bail application may be withdrawn at the applicant’s request pending further investigation
  • Whether the court can condition the withdrawal on the completion of the victim’s examination

Legislation cited

Subjects

  • criminal bail
  • withdrawal of bail application
  • victim examination
  • special case trial
  • procedural liberty

Judgment

                                                           4-BA-842-2026 (CR).docx


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

                   CRIMINAL BAIL APPLN. NO. 842 OF 2026

Saurabh Vithoba Rawool                                … Applicant
                       Versus.
The State of Maharashtra & Ors.                       … Respondents

                                        -----
Mr. Vivek Nishad (Through V.C.) a/w. Ms. Vaishnavi Shelake for Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondent Nos.1 & 3-State.
Officer : ASI Mr. Pednekar, Achara Police Station, present.
                                       -------
                                  Coram :      ASHWIN D. BHOBE, J.
                                  Date     :   8th September 2026.

PER COURT :


1.    Heard Mr. Vivek Nishad, learned Advocate for the Applicant and Dr.

Takalkar, learned APP for the Respondent Nos.1 & 3-State.


2.    By the present Application, the Applicant has sought the following

substantive relief :

        “A. The criminal bail application of the abovenamed applicant in
            connection with C.R.No: 07/2026 at Achara Police Station
            for the offences punishable under section 137(2), 64(2),
            65(1), 3(5) r/w section 4, 6, 8, 12 be allowed.”


3.    Mr. Vivek Nishad, learned Advocate for the Applicant, submits that the

Applicant is a 21-year-old boy whose future is at stake. He further submits


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that the Applicant has been in jail for almost five (5) months and twenty (20)

days, having been arrested on 25th April 2026 in C.R.No: 07/2026.


4.    Mr. Vivek Nishad, learned Advocate for the Applicant and Dr Takalkar,

learned APP for Respondent Nos. 1 & 3, submit that Crime No. 07 of 2026 is

registered as Special Case No. 23 of 2026 and is pending before the Special

Judge, Sindhudurg-Oros (Trial Court). They submit that the charge has been

framed in Special Case No. 23 of 2026. They submit that the application

seeking discharge, filed by Accused No. 2 - Pravin Nerurkar, is presently

pending consideration before the Trial Court.


5.    Dr. A. A. Takalkar, learned APP, on instructions, submits that the

prosecution shall examine the Respondent No. 2-victim as the first

prosecution witness in Special Case No. 23 of 2026 and make all efforts to

complete the examination of the Respondent No. 2-victim in Special Case No.

23 of 2026, subject to both the accused in Special Case No. 23 of 2026

cooperating with the prosecution and the Court during the examination of

the Respondent No. 2-victim. She assessed three (3) months to complete the

examination of the Respondent No. 2-victim in Special Case No. 23 of 2026.


6.    Based on the statement made by Dr. A. A. Takalkar, learned APP, as

recorded in the preceding paragraph, Mr. Vivek Nishad, learned Advocate for

the Applicant, on instructions from the Applicant, seeks leave to withdraw the



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                    present bail application, with liberty to file a fresh application before the Trial

                    Court upon completion of the examination of Respondent No. 2-victim in

                    Special Case No. 23 of 2026. Mr. Vivek Nishad further states that the

                    Applicant shall cooperate with the Trial Court during the examination of

                    Respondent No. 2-victim in Special Case No. 23 of 2026.


                    7.        By taking note of the statement made by Dr. A. A. Takalkar, learned

                    APP, on instructions, to expedite the examination of the Respondent No. 2 –

                    victim, leave is granted to the Applicant to withdraw this Bail Application

                    with liberty to file a fresh Bail Application before the Trial Court upon

                    completion of the examination of the Respondent No. 2 – victim in Special

                    Case No. 23 of 2026.


                    8.        The Trial Court is requested to make an endeavour to complete the

                    examination of Respondent No. 2 – victim within a period of three (3)

                    months from the next date fixed in Special Case No. 23 of 2026 (i.e.16 th

                    September 2026).


                    9.        The Bail Application No. 842 of 2026 is disposed as withdrawn with

                    aforesaid liberty.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN                                      [ ASHWIN D. BHOBE, J. ]
SHIVAHAR
KUMBHAKARN Date:
           2026.09.09
           13:13:54
           +0530




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