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- Disposed off as Withdrawn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and directed that any fresh bail application be considered on its merits, disposing the present application as withdrawn.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- Whether the bail application may be withdrawn with liberty to file a fresh application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
Arjun 1
909-BA-927-2026.doc
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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909-BA-927-2026.doc
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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