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2026 DAILYLAW 7353 (BOM)

SAURABH VITHOBA RAWOOL v. THE STATE OF MAHARASHTRA AND ORS.

BA/842/2026 · 2026-09-08

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Judgment text

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4-BA-842-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 842 OF 2026 Saurabh Vithoba Rawool … Applicant Versus. The State of Maharashtra & Ors. … Respondents ----- Mr. Vivek Nishad (Through V.C.) a/w. Ms. Vaishnavi Shelake for Applicant. Dr. A.A. Takalkar, A.P.P. for the Respondent Nos.1 & 3-State. Officer : ASI Mr. Pednekar, Achara Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 8th September 2026. PER COURT : 1. Heard Mr. Vivek Nishad, learned Advocate for the Applicant and Dr. Takalkar, learned APP for the Respondent Nos.1 & 3-State. 2. By the present Application, the Applicant has sought the following substantive relief : “A. The criminal bail application of the abovenamed applicant in connection with C.R.No: 07/2026 at Achara Police Station for the offences punishable under section 137(2), 64(2), 65(1), 3(5) r/w section 4, 6, 8, 12 be allowed.” 3. Mr. Vivek Nishad, learned Advocate for the Applicant, submits that the Applicant is a 21-year-old boy whose future is at stake. He further submits osk 1 of 3 4-BA-842-2026 (CR).docx that the Applicant has been in jail for almost five (5) months and twenty (20) days, having been arrested on 25th April 2026 in C.R.No: 07/2026. 4. Mr. Vivek Nishad, learned Advocate for the Applicant and Dr Takalkar, learned APP for Respondent Nos. 1 & 3, submit that Crime No. 07 of 2026 is registered as Special Case No. 23 of 2026 and is pending before the Special Judge, Sindhudurg-Oros (Trial Court). They submit that the charge has been framed in Special Case No. 23 of 2026. They submit that the application seeking discharge, filed by Accused No. 2 - Pravin Nerurkar, is presently pending consideration before the Trial Court. 5. Dr. A. A. Takalkar, learned APP, on instructions, submits that the prosecution shall examine the Respondent No. 2-victim as the first prosecution witness in Special Case No. 23 of 2026 and make all efforts to complete the examination of the Respondent No. 2-victim in Special Case No. 23 of 2026, subject to both the accused in Special Case No. 23 of 2026 cooperating with the prosecution and the Court during the examination of the Respondent No. 2-victim. She assessed three (3) months to complete the examination of the Respondent No. 2-victim in Special Case No. 23 of 2026. 6. Based on the statement made by Dr. A. A. Takalkar, learned APP, as recorded in the preceding paragraph, Mr. Vivek Nishad, learned Advocate for the Applicant, on instructions from the Applicant, seeks leave to withdraw the osk 2 of 3 4-BA-842-2026 (CR).docx present bail application, with liberty to file a fresh application before the Trial Court upon completion of the examination of Respondent No. 2-victim in Special Case No. 23 of 2026. Mr. Vivek Nishad further states that the Applicant shall cooperate with the Trial Court during the examination of Respondent No. 2-victim in Special Case No. 23 of 2026. 7. By taking note of the statement made by Dr. A. A. Takalkar, learned APP, on instructions, to expedite the examination of the Respondent No. 2 – victim, leave is granted to the Applicant to withdraw this Bail Application with liberty to file a fresh Bail Application before the Trial Court upon completion of the examination of the Respondent No. 2 – victim in Special Case No. 23 of 2026. 8. The Trial Court is requested to make an endeavour to complete the examination of Respondent No. 2 – victim within a period of three (3) months from the next date fixed in Special Case No. 23 of 2026 (i.e.16th September 2026). 9. The Bail Application No. 842 of 2026 is disposed as withdrawn with aforesaid liberty. [ ASHWIN D. BHOBE, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.09 13:13:54 +0530