Bombay High Court

GURVISH JAYANTILAL MODIversusSTATE OF MAHARASHTRA AND ORS.

Decided: 2 February 2026
Disposal: Disposed Off
Bench: N R BORKAR

Holding

The application for cancellation of anticipatory bail was dismissed as the prosecution’s Section 169 report showed no evidence against the respondents.

Summary

The State of Maharashtra filed a report under Section 169 of the Code of Criminal Procedure against respondents No.2 and No.3, indicating that the prosecution lacked sufficient evidence. The applicant, Gurvish Jayantilal Modi, sought cancellation of the anticipatory bail previously granted to the respondents. The Court examined whether the filing of a Section 169 report, which essentially acknowledges the absence of evidence, provides a basis to revoke anticipatory bail. It held that without any substantive evidence, there is no ground to cancel the bail. Consequently, the application for cancellation was dismissed and the matter was disposed of.

Issues considered

Whether anticipatory bail can be cancelled when the prosecution files a report under Section 169 CrPC indicating lack of evidence.

Legislation cited

Code of Criminal Procedure, 1973 — s. 169

Subjects

anticipatory bail
Section 169
lack of evidence
cancellation of bail
criminal procedure

Judgment

                                                            8(1)-APPLN-253-2022.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO. 253 OF 2022

Gurvish Jayantilal Modi                             …Applicant

        V/s.

The State of Maharashtra and Ors                    ...Respondents

Mr. Kushal Mor a/w Mr. Rohan Chavhan, Mr. Kewal Khandagale,
Advocate for the Applicant.
Mr. P. H. Gaikwad, APP for the Respondent/State.
Mr. Shashikant Chaudhari a/w Adv. Snehal Chaudhari, Mr. Soham
Jadhav, Advocate for Respondent Nos. 2 and 3.


                                  CORAM         :   N.R. BORKAR, J.
                                  DATE          :   02.02.2026.

P.C. :

1.                For want of evidence, the prosecution has filed report
under Section 169 of the Code of Criminal Procedure against
respondent Nos. 2 & 3.


2.                In that view of the matter, nothing survives in the
present application for cancellation of anticipatory bail.


3.                The application is disposed of as such.



                                                    [N.R.BORKAR, J.]



Pramod S.Lakare
                                          1/1

Continue reading with your account

Checking your session…