Bombay High Court
GUNVANT CHANDRAKANT DABHADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
- Bench
- MADHAV JAMDAR
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 Consequently, the original application was withdrawn and disposed of.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- Whether an anticipatory bail application can be withdrawn on account of omission of a material antecedent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withdrawn and disposed of as such with liberty as sought.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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