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- Disposed off as Withdrawn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- Whether a pending criminal bail application can be withdrawn with liberty to file a fresh application after the charge‑sheet is filed.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
- Arms Act, 1959 — s. 25(1)(a), 25(1)(b), 3, 5
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5)
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
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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.)
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