Bombay High Court

KAKA SARPANCH KALEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the interim application and disposed of it as withdrawn.

Summary

The applicant, Kaka Sarpanch Kale, filed an interim application seeking suspension of the execution of a sentence imposed by the Sessions Judge, Sangli, and bail pending the hearing of Criminal Appeal No. 80 of 2026. The application was heard on 9 September 2026, and the applicant's counsel requested additional time to take instructions. On 10 September 2026, the applicant's counsel sought leave to withdraw the interim application, proposing to file a fresh application if the applicant serves more than half of the imposed sentence. The respondent's counsel did not oppose the withdrawal. The Court, after considering the request, granted leave to withdraw the application and disposed of Interim Application No. 210 of 2026 as withdrawn.

Issues considered

What relief, if any, should be granted in an interim application seeking suspension of sentence execution and bail pending a criminal appeal?
Whether the applicant may be permitted to withdraw the interim application and file a fresh one later.

Subjects

bail
interim application
criminal appeal
withdrawal of application
suspension of sentence

Judgment

                                                                                  926 - CRI IA - 210 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAIBHAV
RAMESH
                                          CIRCUIT BENCH AT KOLHAPUR
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
                                        CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.10
20:43:33 +0530




                                 CRIMINAL INTERIM APPLICATION NO. 210 OF 2026
                                                     IN
                                       CRIMINAL APPEAL NO. 80 OF 2026

                      Kaka Sarpanch Kale                                     … Applicant
                                   V/s.
                      The State of Maharashtra                               … Respondent

                      Ms. Tanvi Tapkire with Ms. Purva Patil for the Applicant.
                      Mr. C. D. Mali, APP for the State.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 10, 2026
                      P.C.:


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

                      following substantive reliefs:

                              “(a) Pending the hearing and final disposal of the Criminal Appeal, the
                              order of execution of the sentence vide Judgement and Order dated
                              09.02.2026 passed by the learned Sessions Judge, Sangli in Sessions Case
                              No.282 of 2023 may kindly be suspended and the Applicant be released on
                              bail on such terms and conditions as this Hon’ble Court deems fit and proper
                              in the nature of this case.

                              (b)    Any other and further order be passed in favour of the Applicant as
                              this Hon’ble Court deems fit and proper in the facts and circumstances of the
                              case”.

                      2.      This Application was heard on 9th September 2026. At the

                      request of Ms. Tanvi Tapkire, learned Advocate for the Applicant, this

                      Application was fixed today so as to enable her to take instructions from

                      the Applicant.



                      VRJ                                                                                     1
                                                   926 - CRI IA - 210 - 2026.docx


3.    Today, Ms. Tanvi Tapkire, learned Advocate for the Applicant, on

instructions from the Applicant, seeks leave to withdraw the present

Application with liberty to file a fresh Application in the event the

Applicant undergoes the sentence for more than half of the sentence

imposed. This request is not opposed by Mr. C. D. Mali, learned APP.


4.    In view of the statement made by Ms. Tanvi Tapkire, learned

Advocate for the Applicant, leave is granted to withdraw the

Application.


5.    Interim Application No. 210 of 2026 is disposed of as withdrawn.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                            2

Continue reading with your account

Checking your session…