Bombay High Court
PRASHANT ASHOK PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Allowed
Holding
The court condoned the delay and granted liberty to withdraw the appeal, directing the appellant to seek fresh bail before the trial court.
Summary
The appellant, Prashant Ashok Pawar, filed a criminal appeal (Stamp No. 3130 of 2026) under Section 14‑A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, more than two years after the order dated 23 April 2024. An interim application (No. 520 of 2026) was filed seeking condonation of the 792‑day delay. The State argued that any further relief, including bail, must first be sought before the trial court, relying on its earlier order in Criminal Appeal (Stamp) No. 17966 of 2024. The appellant’s counsel requested permission to withdraw the pending appeal and to file a fresh bail application before the trial court, a request that was not contested by the State. The Court, after noting the applicant’s intention to pursue bail afresh, condoned the delay and granted liberty to withdraw the appeal, directing that the fresh bail application be decided on its merits. Consequently, both the interim application and the criminal appeal were disposed of without a merits hearing.
Issues considered
- Whether the delay of 792 days in filing the criminal appeal under Section 14‑A of the SC/ST Act can be condoned
- Whether the appellant may be permitted to withdraw the pending appeal and file a fresh bail application before the trial court
Legislation cited
Subjects
- condonation of delay
- Section 14-A
- SC/ST Act
- bail
- withdrawal of appeal
- interim application
Judgment
1
17-APEAL(ST)-3130-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL (STAMP) NO. 3130 OF 2026
Prashant Ashok Pawar …...Appellant
VERSUS.
The State Of Maharashtra And Others …...Respondents
WITH
CRI-INTERIM APPLICATION NO. 520 OF 2026
IN
CR. APPEALST NO. 3130 OF 2026
Prashant Ashok Pawar …........Applicant
VERSUS.
The State Of Maharashtra And Others ….......Respondents
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.02
10:51:44
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+0530
Mr. Jaydeep Mane a/w Mr. Mihir Mondkar, for Appellant/Applicant.
Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 31st AUGUST, 2026.
P.C.
1. Heard, Mr. Jaydeep Mane, learned Advocate for the Appellant
and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 - State.
2. By the Interim Application No.520 of 2026, the Applicant seeks
condonation of a delay of 792 days in filing the accompanying Criminal
Appeal Stamp No. 3130 of 2026 under Section 14-A of the Scheduled
Shantanu S. Dhudum
2
17-APEAL(ST)-3130-2026 (CR).DOC
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
against the order dated 23rd April, 2024, passed in Atro. Special Case No.15
of 2022.
3. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 –
State refers to the order dated 24 th April, 2025, passed by this Court in
Criminal Appeal (Stamp) No. 17966 of 2024 and submits that in the event
the Applicant intends to renew his request for bail, he would first have to
approach the Trial Court.
4. Faced with the said objection, Mr. Jaydeep Mane, learned
Advocate for the Applicant, on instructions from the Applicant, seeks leave
to withdraw the Criminal Appeal Stamp No.3130 of 2026, with liberty to
renew his request for bail before the Trial Court by filing a fresh bail
application, in terms of the liberty granted by this Court vide order dated
24th April, 2025, passed in Criminal Appeal Stamp No.17966 of 2024.
5. This request made by Mr. Jaydeep Mane, learned Advocate for
the Applicant, is not opposed by Mr. S. H. Yadav, learned A.P.P. for
Respondent Nos.1 and 2 – State. Mr. S. H. Yadav, learned A.P.P. submits
that the Interim Application No.520 of 2026 as well as Criminal Appeal
Stamp No.3130 of 2026 may be disposed of in view of the statement made
by Mr. Jaydeep Mane, learned Advocate for the Applicant.
Shantanu S. Dhudum
3
17-APEAL(ST)-3130-2026 (CR).DOC
6. In view of the statement made by Mr. Jaydeep Mane, learned
Advocate for the Applicant, Interim Application No.520 of 2026 is allowed
by condoning the delay in filling the Criminal Appeal Stamp No.3130 of
2026.
7. Based on the specific statement made by Mr. Jaydeep Mane,
learned Advocate for the Applicant, leave is granted to withdraw the
Criminal Appeal Stamp No.3130 of 2026 with liberty as prayed for by Mr.
Jaydeep Mane.
8. If the Applicant files a fresh bail application before the Trial
Court in terms of the liberty granted by this Court vide order dated 24 th
April, 2025, passed in Criminal Appeal Stamp No.17966 of 2024, same be
considered on its own merits and in accordance with law.
9. At the request of Mr. Jaydeep Mane, learned Advocate for the
Applicant, it is clarified that the Appeal has not been considered on merits
and is being disposed of in view of the statement made by Mr. Jaydeep
Mane, learned Advocate for the Applicant, seeking liberty to renew the
application for bail before the Trial Court.
10. In view of the above, Interim Application No. 520 of 2026 and
Criminal Appeal Stamp No. 3130 of 2026 are disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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