Bombay High Court

HEMANT @ NANDU KASHINATH SHINDEversusSTATE OF MAHARASHTRA

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the anticipatory bail application and left the merits open for future consideration.

Summary

Hemant @ Nandu Kashinath Shinde filed an anticipatory bail application, but the respondent State pointed out that three antecedent cases against him were not disclosed. The applicant's counsel, Aniket Vagal, requested that the application be withdrawn so that a fresh application could be filed after proper disclosure. The Court, after noting the omission, allowed the withdrawal of the anticipatory bail application and ordered it to be disposed of, granting liberty to file a new application. The Court expressly stated that it had not examined the merits of the case and that all substantive issues remain open for consideration in any future application. Consequently, the present application was withdrawn without any decision on the underlying bail question.

Issues considered

Whether an anticipatory bail application can be withdrawn and a fresh application filed when antecedent cases are not disclosed

Subjects

anticipatory bail
withdrawal
antecedents
criminal procedure
merits

Judgment

                                                  42-ABA-2683-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2683 OF 2026


Hemant @ Nandu Kashinath Shinde                      …Applicant
      Versus
The State of Maharashtra                             …Respondent


Mr. Aniket Vagal, for the Applicant.
Ms. Dhanalakshmi Krishnaiyar, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     28th SEPTEMBER 2026
PC:-


1.       At the outset, learned APP states that there are three

antecedents against the Applicant and the same are not disclosed

in the Anticipatory Bail Application.



2.       In view of the above contention raised by the learned APP,

Mr. Vagal, learned Counsel appearing for the Applicant seeks

withdrawal of the Anticipatory Bail Application with liberty to file

fresh Anticipatory Bail Application.



3.       Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn and disposed of with leave as sought.




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                                                            42-ABA-2683-2026.DOC




         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.]




       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.28
       17:55:23
       +0530




                                          Page 2
         Sonali

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