Bombay High Court
ROHAN ALIAS ROHYA HANMANT MULIKversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The court granted leave to withdraw the interim application with liberty to renew the request.
Summary
The applicant, Rohan Mulik, filed an interim application under Section 389 of the Criminal Procedure Code, 1973, seeking suspension of his sentence and bail pending the hearing of his appeal. The application was heard on 9 September 2026, and the applicant’s counsel requested an adjournment to obtain further instructions. On 10 September 2026, the applicant’s counsel sought leave to withdraw the application, requesting liberty to re‑file if the appellant serves more than half of the imposed sentence. The respondent’s counsel did not oppose the withdrawal. The court, noting the applicant’s request and the lack of opposition, granted leave to withdraw the application with liberty to renew it later. Consequently, Interim Application No. 324 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the court may permit the withdrawal of an interim application seeking suspension of sentence under Section 389 CrPC and grant liberty to re‑apply.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389
Subjects
- bail
- suspension of sentence
- CrPC 389
- interim application
- withdrawal
- criminal appeal
Judgment
927-IA-324-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 324 OF 2026
IN
CRIMINAL APPEAL NO. 130 OF 2026
Rohan Alias Rohya Hanmant Mulik ...Applicant
Versus
The State of Maharashtra ...Respondents
_______________________________________________________________
Mr. Yash Fadtare i/b Satyavrat Jo shi, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 10th September, 2026.
P.C. :
1. By the present Application, the Applicant has sought for the
following substantive relief in terms of prayer clause (a) :-
(a) That this Hon’ble Court may be pleased to exercise its
powers under Section 389 of the Criminal Procedure Code, 1973,
and Suspend the Sentence & Applicant may be enlarged on bail,
pending the hearing and final disposal of the Appeal.
2. This Application was substantially heard on 09.09.2026. Mr.
Satyavrat Joshi, learned Advocate for the Applicant, requested for an
adjournment and listing of this Application today i.e. 10.09.2026, to
take instructions from the Applicant.
3. Today, Mr. Yash Fadtare, learned Advocate for the Applicant, on
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927-IA-324-2026.docx
instructions from the Applicant, seeks leave to withdraw the present
Application with liberty to renew the request, in the event pending this
Appeal, the Applicant undergoes more than half of the sentence
imposed on the Applicant.
4. The request made by Mr. Yash Fadtare, learned Advocate for the
Applicant is not opposed by Mr. N. B. Patil, learned APP for the
Respondent – State.
5. In view of the statement made by Mr. Yash Fadtare, learned
Advocate for the Applicant, leave is granted to withdraw the present
Application with liberty as prayed.
6. Interim Application No. 324 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.15
14:59:52
+0530
Arjun 2
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