Bombay High Court
KUNDAN GURUNATH TOKAREversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail application may be withdrawn with liberty to re‑file after the applicant discloses his criminal antecedents.
Summary
The applicant, Kundan Gurunath Tokare, filed an anticipatory bail application before the Bombay High Court. The court observed that the applicant had failed to disclose his criminal antecedents, a requirement mandated by the Supreme Court in Zeba Khan v. State of U.P. The applicant's counsel sought permission to withdraw the pending application and to file a fresh one after making the required disclosure. The court entertained the request and allowed the withdrawal of the anticipatory bail application. It further granted liberty to the applicant to re‑file a fresh application, provided that the criminal antecedents are disclosed as per the Supreme Court precedent.
Issues considered
- Whether an anticipatory bail application can be withdrawn when the applicant fails to disclose criminal antecedents as required by Supreme Court precedent
- Whether the court may grant liberty to re‑file a fresh anticipatory bail application after such disclosure
Subjects
- anticipatory bail
- criminal antecedents
- disclosure
- withdrawal of application
- Bombay High Court
Judgment
KVM
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907 - ABA 2414 OF 2026.doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.08.28
19:57:51
CRIMINAL APPELLATE JURISDICTION
+0530
ANTICIPATORY BAIL APPLICATION NO. 2414 OF 2026
KUNDAN GURUNATH TOKARE ….. APPLICANT
VS
STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Nikhil P. Mallelwar a/w. Adv. Dewang S. Mhatre for the
Applicant.
Ms. Geeta P. Mulekar, APP for Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 28TH AUGUST, 2026.
P.C. :-
1) After the learned APP pointed out that the applicant has
not disclosed the criminal antecedents as required by the judgment of
Hon’ble Supreme Court in the matter of Zeba Khan vs. State of U.P.,
2026 SCC OnLine SC 188, learned counsel for the applicant seeks
permission to withdraw the instant application with liberty to file a
fresh application after disclosing the criminal antecedents.
2) Accordingly, the application is permitted to be withdrawn
with liberty as prayed for.
[PRAFULLA S. KHUBALKAR, J.]
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