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Bombay High Court

VILAS SHAMRAO GOYAR (U.T. 442)versusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The petition was disposed of as there was no longer any cause of action to maintain it.

Summary

Vilas Shamrao Goyar filed Criminal Writ Petition No. 274 of 2022 against the State of Maharashtra. The petitioner was subsequently released on bail and, through his appointed counsel, expressed a desire to withdraw the petition. The respondent's counsel indicated that the trial was ongoing and had been fixed for the evidence stage. The Court held that, given the bail and the pending trial, the petition no longer had any surviving cause of action and therefore dismissed it. The Court also ordered payment of Rs. 3,000 as fees to the petitioner's appointed counsel.

Issues considered

  • Whether a criminal writ petition remains maintainable after the petitioner has been released on bail
  • Whether the petition should be dismissed when the trial is pending and the petitioner seeks to withdraw

Subjects

  • bail
  • criminal writ petition
  • withdrawal of petition
  • trial pending
  • disposal of petition
  • legal costs

Judgment

2026:BHC-AUG:43486-DB


                                           1                  916 CRIMINAL WRIT PETITION NO. 274 OF 2022



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                         916 CRIMINAL WRIT PETITION NO. 274 OF 2022

                            VILAS SHAMRAO GOYAR (U.T. 442)
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                             ...
            Adv. R. P. Patwardhan (appointed), Advocate for the Petitioner
            Adv. S. J. Salgare, APP for Respondents-State
                                             ...

                                       CORAM : SANDIPKUMAR C. MORE AND
                                               VAISHALI PATIL-JADHAV, JJ.

                                       DATED : 22/09/2026
            Per Court:

            .          The learned counsel for the petitioner, on instructions,

            submits that the petitioner is released on bail and therefore does

            not want to continue with this petition at this juncture.

            2.         Even otherwise, the learned APP submitted that the trial is

            going on and it is fixed for evidence.

            3.         In view of the same, nothing survives in this petition and the
            same is disposed of.

            4.         The fees of the learned counsel for the petitioner appointed
            is quantified at Rs. 3000/-, and it be paid to him expeditiously.




            ( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

            shivani/


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