Bombay High Court
GYANTI SANTOSH KAHAR AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
Leave to withdraw the petition was granted, allowing the petitioners to file a discharge application.
Summary
The petitioners, Gayanti S. Kahar and others, filed a criminal writ petition seeking bail. Their counsel, Mr. Sanjay Dubey on behalf of Akhlak Khan, applied for leave to withdraw the petition and instead file a discharge application before the trial court, noting that the charge-sheet had already been filed. The respondent State of Maharashtra, represented by Ms. K. T. Hiwrale, opposed the withdrawal. The High Court, after considering the application, granted leave to withdraw the petition with liberty to file the discharge application. The court clarified that its observations were limited to the bail application and should not affect the trial's merits, and the petition was consequently disposed of as withdrawn.
Issues considered
- Whether the petitioners may be granted leave to withdraw the criminal writ petition and seek liberty to file a discharge application before the trial court
Subjects
- Criminal Procedure Code
- withdrawal of petition
- discharge application
- bail
- high court order
Judgment
Digitally signed
by HEMANT H.C.SHIV 10.W5221.24.DOC
CHANDERSEN
HEMANT SHIV
CHANDERSEN
SHIV Date:
2026.09.16
19:43:21
+0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.5221 OF 2024
Gayanti S. Kahar & Ors. …Petitioners
V/s.
State of Maharashtra & Anr. …Respondents
Mr. Sanjay Dubey i/b Akhlak Khan for the Petitioners.
Ms. K. T. Hiwrale, APP for the Respondent-State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 16th SEPTEMBER, 2026
P.C. :-
1. Mr.Dubey, learned Counsel for the Petitioners, on
instructions, seeks leave to withdraw this Petition with liberty to file
discharge application before the trial Court, as the charge-sheet is
filed in the case.
2. Leave and liberty is granted.
3. Petition is disposed of as withdrawn.
4. It is clarified that any observation made in the present Order
are for the purpose of deciding the present Bail Application and
should not influence the outcome of the trial and also not be taken
as an expression of opinion on the merits of the case.
(SHYAM C. CHANDAK, J.)
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