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- Disposed off as Withdrawn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the trial court to complete the victim’s examination within three months, and disposed of the bail application as withdrawn.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- Whether the bail application may be withdrawn at the applicant’s request pending further investigation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
- Indian Penal Code, 1860 — s. 12, 137(2), 3(5), 4, 6, 64(2), 65(1), 8
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
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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.
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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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4-BA-842-2026 (CR).docx
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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