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Bombay High Court

JAYENDRA ANIL SAWANTversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail petition after the charge‑sheet is filed.

Summary

Jayendra Anil Sawant applied for regular bail in a case involving offences under the Arms Act, 1959 and the Bharatiya Nyaya Sanhita, 2023. The State informed the court that the investigation was nearly complete and a charge‑sheet would be filed within three weeks. On this basis, the applicant's counsel sought permission to withdraw the pending bail application and to file a fresh bail petition after the charge‑sheet is filed. The State did not oppose the withdrawal. The Court granted leave to withdraw the present application, directing that a fresh bail application be filed before the trial court and that the trial court dispose of it expeditiously. The bail application was consequently disposed of.

Issues considered

  • Whether a pending criminal bail application can be withdrawn with liberty to file a fresh application after the charge‑sheet is filed.

Legislation cited

Subjects

  • bail
  • withdrawal
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • charge sheet
  • trial court

Judgment

                                                                                    4 - BA - 921 - 2026.docx


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
                                        CIRCUIT BENCH AT KOLHAPUR
       signed by
       VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
                                      CRIMINAL APPELLATE JURISDICTION
       2026.10.06
       19:31:30
       +0530




                                  CRIMINAL BAIL APPLICATION NO. 921 OF 2026

                    Jayendra Anil Sawant                                   … Applicant
                                V/s.
                    State of Maharashtra & Anr.                            … Respondents

                    Mr. Suhas S. Sawant with Uma S. Sawant and Paresh
                    Bhonsale Sawant for the Applicant.
                    Mr. C. D. Mali, APP for the State.
                    Mr. D. B. Palkar, PSI, Banda Police Staion, Sindhudurg is
                    present.



                                                      CORAM         : ASHWIN D. BHOBE, J.

                                                      DATED         : OCTOBER 6, 2026
                    P.C.:


                    1.      By the present Application, the Applicant has sought the

                    following reliefs:

                            “b.    That this Hon’ble Court may kindly enlarged the Applicant on the
                            regular bail in connection with the C.R. No.96 of 2026 registered with Banda
                            Police Station, Tal. Sawantwadi, District Sindhudurg, for the offences
                            punisahble under Sections 3, 5, 25(1)(a), 25(1)(b) of the Arms Act, 1959 and
                            Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on such terms and
                            conditions as this Hon’ble Court may deem fit and proper;”



                    2.      Mr. C. D. Mali, learned APP for the State, submits that the

                    investigation in Crime No. 96 of 2026 is ongoing. He, on instructions

                    from the Investigating Officer (Mr. D. B. Palkar, PSI, Banda Police

                    Station, Sindhudurg), states that the investigation qua the Applicant is



                    VRJ                                                                                   1
                                                          4 - BA - 921 - 2026.docx


almost complete and the charge-sheet would be filed before the Court

having jurisdiction within a period of three weeks from today.


3.    Based on the statement made by Mr. C. D. Mali, learned APP for

the State, that the charge-sheet would be filed within a period of three

weeks from today, Mr. Suhas S. Sawant, learned Advocate for the

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

the present Application with liberty to file a fresh bail application before

the Trial Court upon filing of the charge sheet in Crime No. 96 of 2026.

This request is not opposed by Mr. C. D. Mali, learned APP for the State.


4.    In view of the statement made by Mr. Suhas S. Sawant, learned

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

Application with liberty as prayed.


5.    Considering the Applicant to be a 27-year-old boy, if the Applicant

chooses to file a fresh bail application before the Trial Court upon filing

of the charge-sheet, the Trial Court is requested to make an endeavour

to dispose of the same as expeditiously as possible.


6.    Criminal Bail Application No.921 of 2026 is disposed of.




                                            (ASHWIN D. BHOBE, J.)




VRJ                                                                             2


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