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Bombay High Court

DEEPAK DATTATRAY SANSAREversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the bail application and granted the applicant liberty to file a fresh bail application if the trial is not concluded within two months from 14‑Oct‑2026.

Summary

The applicant, Deepak Dattatray Sansare, filed Bail Application No. 927 of 2026 seeking release on bail in a pending criminal case (CR No. 156/2022, Sessions Case No. 5 of 2023). The applicant’s counsel highlighted that the last prosecution witness, the Investigation Officer, was under cross‑examination and that the next court date was set for 14‑Oct‑2026, also noting the applicant’s serious medical condition. The State’s counsel confirmed that the Investigation Officer would appear on that date and that the trial could be completed promptly, offering the applicant liberty to renew bail if the trial was not concluded within two months. Both parties agreed to cooperate for an expeditious disposal, and the applicant’s counsel sought permission to withdraw the present bail application with liberty to file a fresh one if needed. The court, finding no opposition, granted the request to withdraw the application and directed that any fresh bail application be considered on its merits, disposing the present application as withdrawn.

Issues considered

  • Whether bail should be granted to the applicant pending trial
  • Whether the bail application may be withdrawn with liberty to file a fresh application
  • Whether the trial can be expedited given the applicant’s medical condition

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • medical grounds
  • cross‑examination
  • trial expeditious disposal

Judgment

                                                                909-BA-927-2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 927 OF 2026
Deepak Dattatray Sansare                         ...Applicant
        Versus
The State of Maharashtra And Anr.                 ...Respondents
_______________________________________________________________
Ms. Kavita Anchan, Advocate for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
HC N. B. Jadhav, Deorukh Police Station, is present.
_______________________________________________________________
                              CORAM : ASHWIN D. BHOBE, J.
                                DATE : 9th October, 2026.
P.C. :

1.       Heard Ms. Kavita Anchan, learned Advocate for the Applicant

and Mr. S. S. Chaudhari, learned APP for the Respondent – State.



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

following substantive relief in terms of Prayer clause (a) :-



           (a)        that this Hon’ble Court may be pleased to direct
           release of the Applicant on bail in connection with C.R. No.
           156/2022 of Deorukh Police station, Ratnagiri, pending in the
           court of the Additional Sessions Judge, Ratnagiri bearing
           Sessions Case No. 5 of 2023, on such reasonable terms and
           conditions as this Hon’ble Court may deem fit and proper;


3.       Ms. Kavita Anchan, learned Advocate for the Applicant, states

that the C. R. No. 156 of 2022, is registered as Sessions Case No. 5 of

2023 and is pending before the Additional Session Judge, Ratnagiri.

(“Trial Court”) She submits that the last prosecution witness i.e. the


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Investigation Officer, is in the witness box and under cross-examination.

She submits that the next date fixed before the Trial Court is

14.10.2026,    for   continuation       of   the   cross-examination     of    the

Investigation Officer. She submits that the prosecution should ensure

the presence of the Investigation Officer on 14.10.2026, so as to enable

the Advocate for the Applicant to complete his cross-examination.



4.      Mr. S. S. Chaudhari, learned APP, for the Respondent – State, on

instructions from the concerned Officer, states that the Investigation

Officer who is under cross-examination shall remain present on

14.10.2026, before the Trial Court and offer himself for cross-

examination. He submits that upon the examination of the Investigation

Officer, the trial in Sessions Case No. 5 of 2023, can be completed

within a stipulated time. He submits that if the trial is not completed

within the stipulated time, the Applicant be granted liberty to renew his

request for bail before the Trial Court.



5.      In view of the statement made by Mr. S. S. Chaudhari, learned

APP, that the Investigation Officer would remain present on 14.10.2026,

the Trial Court to give preference to the Sessions Case No. 5 of 2023

and ensure that the witness (Investigation Officer) is examined on

14.10.2026. Reason for the preference is on account of the fact as stated



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by Ms. Kavita Anchan, that the Applicant is facing medical difficulties

and is presently lodged in Kolhapur Hospital, undergoing treatment.



6.      Ms. Kavita Anchan, learned Advocate for the Applicant, on

instructions from the Applicant states that the Applicant and the

Advocate for the Applicant shall cooperate with the Trial Court and

complete the cross-examination on 14.10.2026 as well as in the

expeditious disposal of Sessions Case No. 5 of 2023.



7.      If the deposition of Investigating Officer is completed on

14.10.2026, considering that the Sessions Case No. 5 of 2023 is pending

since the year 2023, the Applicant facing medical difficulties, the Trial

Court is requested to make an endeavor to dispose of the Sessions Case

No. 5 of 2023, on its own merits and in accordance with law, within a

period of two months from the next date fixed (i.e. 14.10.2026) in the

Sessions Case No. 5 of 2023.



8.      Mr. Kavita Anchan, learned Advocate for the Applicant and Mr.

S. S. Chaudhari, learned APP for the Respondent – State, submits that

their parties shall cooperate with the Trial Court in early disposal of

Sessions Case No. 5 of 2023.



9.      In view of the statements made by Mr. S. S. Chaudhari, learned


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                                                                                909-BA-927-2026.doc



                     APP for the Respondent – State as recorded in paragraph no. 4 of this

                     order, Ms. Kavita Anchan, learned Advocate for the Applicant, on

                     instructions from the Applicant, seeks leave to withdraw the present

                     Bail Application with liberty to file a fresh Bail Application before the

                     Trial Court, if the Sessions Case No. 5 of 2023, is not disposed within

                     two months from 14.10.2026.



                     10.     The request made by Ms. Kavita Anchan, learned Advocate for

                     the Applicant, is not opposed by Mr. S. S. Chaudhari, learned APP for

                     the Respondent – State.



                     11.     In view of the statement made by Ms. Kavita Anchan, learned

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

                     Application with liberty as prayed.



                     12.     If a fresh Bail Application is filed by the Applicant before the

                     Trial Court, in the above eventuality, same be considered on its own

                     merits in accordance with law.



                     13.     Bail Application No. 927 of 2026 is disposed of as withdrawn.



                                                                     (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.10.09
        21:25:57
        +0530

                     Arjun                            4


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