Bombay High Court
BHAGOJI VITTHAL BAUDANEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The court allowed the withdrawal of the interim application and disposed of it as withdrawn.
Summary
The applicant, Bhagoji Vitthal Baudane, filed an interim application seeking suspension of his sentence and enlargement of bail pending the hearing of Criminal Appeal No. 127 of 2022. The applicant’s counsel, Ms. Archana Gaikwad, informed the court that the applicant was already in jail for a separate Special POCSO case and requested to withdraw the interim application, asking the court to consider the pending appeal instead. The State’s counsel, Mr. S. S. Chaudhari, and the second respondent’s counsel, Ms. Ankita Chindage, did not oppose the withdrawal. The court, noting the applicant’s request and lack of opposition, granted leave to withdraw the interim application. Consequently, Interim Application No. 5174 of 2024 was disposed of as withdrawn.
Issues considered
- Whether the interim application for suspension of sentence and enlargement of bail should be entertained pending the appeal
Subjects
- interim application
- bail
- suspension of sentence
- withdrawal
- criminal appeal
Judgment
13-IA-5174-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 5174 OF 2024
IN
CRIMINAL APPEAL NO. 127 OF 2022
Bhagoji Vitthal Baudane ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
__________________________________________________________
Ms. Archana Gaikwad i/b Anilkumar M., Advocate for the
Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
Ms. Ankita Chindage, Advocate for the Respondent No. 2.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th 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) Pending the hearing and final disposal of the said appeal
the Order of Sentence be suspended and Applicant be enlarged on
Bail;
2. Ms. Archana Gaikwad, learned Advocate for the Applicant,
states that the Applicant was in jail during the pendency of Special
POCSO Case No. 21 of 2020. She therefore, on instructions from the
Arjun 1
13-IA-5174-2024.doc
Applicant, seeks leave to withdraw the present Application with a
request to consider the Criminal Appeal No. 127 of 2022 for final
hearing. She states that the Criminal Appeal was admitted on
26.02.2022.
3. The request made by Ms. Archana Gaikwad, learned Advocate
for the Applicant, is not opposed by Mr. S. S. Chaudhari, learned APP
for the Respondent-State and Ms. Ankita Chindage, learned Advocate
for the Respondent No. 2.
4. In view of the statements made by Ms. Archana Gaikwad,
learned Advocate for the Applicant, leave is granted to withdraw the
present Interim Application.
5. Interim Application No. 5174 of 2024 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.10
14:13:27
+0530
Arjun 2
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