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Bombay High Court

LINGARAJ NAGESH GANAPAversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The interim application is withdrawn and disposed of as such.

Summary

The applicant, Lingaraj Nagesh Ganapa, filed an interim application seeking suspension of his substantive sentence and release on bail pending the hearing of his criminal appeal. The applicant's counsel, Mr. Ritesh M. Thobde, later requested to withdraw the application. The State's counsel did not oppose the withdrawal. The Court, after noting the request, granted leave to withdraw and disposed of the interim application as withdrawn without considering its merits. Consequently, the relief sought in the application was not adjudicated.

Issues considered

  • Whether the interim application seeking suspension of sentence and bail pending appeal should be entertained

Subjects

  • bail
  • suspension of sentence
  • interim application
  • withdrawal
  • criminal appeal

Judgment

                                                                                  947 - CRI IA - 434 - 2026.docx


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                         CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.10
10:08:13 +0530
                                  CRIMINAL INTERIM APPLICATION NO. 434 OF 2026
                                                      IN
                                        CRIMINAL APPEAL NO. 591 OF 2022

                      Lingaraj Nagesh Ganapa                                 … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                        … Respondents

                      Mr. Ritesh M. Thobde with Mervin Bardeskar and Changdev
                      Shingade for the Applicant.
                      Mr. Nitin Patil, APP for the State.


                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 9, 2026
                      P.C.:


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

                      following substantive relief:

                               “b.    The substantive sentence imposed upon the Applicant vide
                               Judgment/Order dated 05.05.2022 passed by the Learned Additional Sessions
                               Judge, Solapur in Sessions Case No.224 of 2021, be suspended and the
                               Applicant be released on bail, pending the hearing and final disposal of the
                               present criminal appeal;”.



                      2.       Mr. Ritesh M. Thobde, learned Advocate for the Applicant, on

                      instructions from the Applicant, seeks leave to withdraw the present

                      Application.


                      3.       This request is not opposed by Mr. Nitin Patil, learned APP for the

                      State.



                      VRJ                                                                                     1
                                                   947 - CRI IA - 434 - 2026.docx


4.    In view of the statement made by Mr. Ritesh M. Thobde, learned

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

Application.


5.    Interim Application No. 434 of 2026 is disposed of as withdrawn.


6.    The merits of this Application were not considered and the same

has been disposed of in view of the request for withdrawal.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                            2


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