Bombay High Court
MOHAMMED AZHARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the anticipatory bail application with leave to file a fresh application.
Summary
Arjun Vitthal Kudhekar filed an anticipatory bail application before the Bombay High Court. The State of Maharashtra, through its counsel, objected, pointing out that the applicant had undisclosed criminal antecedents which were not mentioned in the application. The applicant’s counsel then sought permission to withdraw the existing application and file a fresh one disclosing all antecedents. The Court allowed the withdrawal of the anticipatory bail application with leave to re‑file, expressly stating that it had not examined the merits of the case. All substantive issues remain open for consideration in any subsequent application.
Issues considered
- Whether an anticipatory bail application can be withdrawn with the Court’s permission
- Whether the applicant must disclose all prior criminal antecedents in the anticipatory bail application
Subjects
- anticipatory bail
- criminal antecedents
- withdrawal of application
- procedural law
- high court
Judgment
27-ABA-2528-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ARJUN ANTICIPATORY BAIL APPLICATION NO.2528 OF 2026
VITTHAL
KUDHEKAR
Mohammed Azhar …Applicant
Digitally signed by
ARJUN VITTHAL Versus
KUDHEKAR
Date: 2026.09.17 The State of Maharashtra …Respondent
12:47:19 +0530
Mr. Akshay Deshmukh a/w Sanket Kadam, Taufiq Qazi & Sonali
Patil, for the Applicant.
Mr. P. P. Jadhav, APP, for the Respondent-State.
PI Pathan, Unit-7, Crime, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 16 SEPTEMBER 2026
PC:-
1. At the outset, Mr. Jadhav, learned APP, for the Respondent of
Maharashtra, states that there are criminal antecedents against the
Applicant and the details of the same have not been mentioned in
the Anticipatory Bail Application.
2. In view of the said contention raised by Mr. Jadhav, learned
APP, Mr. Deshmukh, learned Counsel appearing for the Applicant,
seeks withdrawal of the Anticipatory Bail Application with leave to
file a fresh Anticipatory Bail Application by giving all the
particulars of the criminal antecedents.
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Arjun
27-ABA-2528-2026.DOC
3. Accordingly, the Anticipatory Bail Application is allowed to
be withdrawn with leave as foresaid.
4. It is clarified that this Court has not considered the merits
and all contentions on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
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