Created by Fuzzy Cloud

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Allowed To be withdrawn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The petition is allowed to be withdrawn, and the petitioner is granted liberty to file separate applications for remission and open prison.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 The judges granted the petitioner's request, allowing the petition to be withdrawn and permitting him to file the desired applications before the appropriate authorities.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.