Bombay High Court
SALIM LAILASHA KALEversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is allowed to be withdrawn, and the petitioner is granted liberty to file separate applications for remission and open prison.
Summary
The petitioner, Salim Lailasha Kale, filed a criminal writ petition seeking liberty to withdraw the petition and to subsequently file applications for remission and placement in an open prison due to health concerns. Counsel for the petitioner expressed a desire not to proceed with the petition at this stage and requested permission to withdraw it. The Court examined whether the petitioner could be allowed to withdraw the petition and obtain liberty to approach authorities for remission and open prison. The judges granted the petitioner's request, allowing the petition to be withdrawn and permitting him to file the desired applications before the appropriate authorities. The Court noted that any such applications would be decided on their own merits in accordance with law.
Issues considered
- Whether the petitioner may be permitted to withdraw the criminal writ petition at this stage
- Whether the petitioner can be granted liberty to file separate applications for remission and placement in an open prison
Subjects
- criminal procedure
- petition withdrawal
- remission
- open prison
- health considerations
Judgment
20-WP-4002-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4002 OF 2025
Salim Lailasha Kale ... Petitioner
Vs.
The State of Maharashtra And Ors. ... Respondents
****
SHARADA
RANGNATH
WAHULE
Mr. Rupesh A. Jaiswal, Advocate for the Petitioner.
Digitally signed by
SHARADA
RANGNATH WAHULE
Date: 2026.09.10
15:08:39 +0530
Ms. M. M. Deshmukh, APP for Respondent-State.
****
CORAM : SARANG V. KOTWAL AND
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 9th SEPTEMBER 2026
P.C.:
1. Heard learned counsel for the Petitioner. The Petition is pending
since 2025. Learned counsel for the Petitioner does not wish to proceed
with this Petition at this stage. He seeks liberty to adopt an appropriate
remedy, including filing an appropriate application before the
authorities for remission and also for being sent to an open prison. He
submitted that, with this liberty, the Petition be permitted to be
withdrawn. Permission is granted. The Petition is allowed to be
withdrawn.
2. The Petitioner shall be at liberty to prefer an appropriate
application before the authorities for assigning work in consonance with
his health and to make an application for again admitting his name to
1
Sharada
20-WP-4002-2025.doc
the remission register and also for consideration of sending him to open
prison. If such applications are preferred, they shall be decided on their
own merits and in accordance with law.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
2
Sharada
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