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Bombay High Court

GUNVANT CHANDRAKANT DABHADEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application with complete antecedents.

Summary

The applicant, Arjun (Gunvant Chandrakant Dabhade), filed an anticipatory bail application before the Bombay High Court against the State of Maharashtra. The respondent's counsel, Ms. G. P. Mulekar, contended that the application omitted a material antecedent. The applicant's counsel, Mr. Anandmaya Dhorde, sought permission to withdraw the pending application and re‑file a fresh one incorporating the missing details. The Court examined the procedural propriety of allowing a withdrawal at this stage. It held that the applicant could withdraw the application and was granted liberty to file a new anticipatory bail petition with full disclosure. Consequently, the original application was withdrawn and disposed of.

Issues considered

  • Whether an anticipatory bail application can be withdrawn on account of omission of a material antecedent

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • High Court

Judgment

                                                                                 907-ABA-382-2026.doc


                                                                                        Arjun

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                 ANTICIPATORY BAIL APPLICATION NO.382 OF 2026
         Digitally
         signed by
         ARJUN        Gunvant Chandrakant Dabhade                                …Applicant
ARJUN    VITTHAL
VITTHAL  KUDHEKAR           Versus
KUDHEKAR Date:
         2026.02.12
         21:15:41     The State of Maharashtra                                   …Respondent
         +0530

                      _______________________________________________________________

                      Mr. Anandmaya Dhorde, for the Applicant.
                      Ms. G. P. Mulekar, APP, for the Respondent-State.
                      _______________________________________________________________

                                                      CORAM: MADHAV J. JAMDAR, J.
                                                      DATED: 12 FEBRUARY 2026

                      P.C.:

                      1.      At the outset, Ms. Mulekar, learned APP for the Respondent-State,

                      submits that there is one antecedent which has not been mentioned in

                      the Anticipatory Bail Application.

                      2.      In view of the said contention raised by Ms. Mulekar, learned APP,

                      Mr. Dhorde, learned Counsel for the Applicant, seeks withdrawal of the

                      Anticipatory Bail Application with liberty to file a fresh Anticipatory Bail

                      Application by giving details of all the antecedents.

                      3.      Accordingly, the Anticipatory Bail Application is allowed to be

                      withdrawn and disposed of as such with liberty as sought.



                                                                   [MADHAV J. JAMDAR, J.]




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