Bombay High Court

PRASHANT ALIAS PRASAD BANDU GAVLI AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The order dated 8 July 2026 is set aside and Anticipatory Bail Application No. 777 of 2026 is restored.

Summary

The petitioners, Prashant alias Prasad Bandu Gavli and another, filed an application seeking restoration of anticipatory bail after an order dated 8 July 2026 dismissed their earlier application for want of prosecution. The State opposed the application. The Court, after hearing both sides, found merit in the petitioners' contention that they would suffer no prejudice by setting aside the dismissal order. Consequently, the Court set aside the 8 July order and restored Anticipatory Bail Application No. 777 of 2026. The application was allowed, with the matter adjourned to 16 October 2026 and any interim relief to continue.

Issues considered

Whether the order dismissing the anticipatory bail application for want of prosecution should be set aside
Whether the anticipatory bail should be restored to the petitioners

Subjects

anticipatory bail
criminal procedure
order set aside
want of prosecution
bail restoration

Judgment

                                                             914-APPLN-3688-2026.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                 914 CRIMINAL APPLICATION NO. 3688 OF 2026
                              IN ABA-777-2026

              Prashant Alias Prasad Bandu Gavli And Another
                                  VERSUS
                        The State Of Maharashtra
                                    …
Mr. Kale Datta Sundarrao, Advocate for Applicant.

Mr. S. P. Joshi, APP for the Respondent – State.

                                          ...

                                                    CORAM : R.M. JOSHI, J
                                                    DATE  : SEPTEMBER 9, 2026

P. C. :

1.        Heard by consent of both sides.

2.        Learned APP oppose the application.

3.        This Court finds substance in the contention of learned counsel for the

applicant that the applicant would not have gained anything by allowing the

application to be dismissed for want of prosecution.

4.        Perusal of the application indicates that the applicant has made out

the a case for setting aside the order dated 8 July 2026. Hence, the said

order stands set aside.

5.        Anticipatory Bail Application No.777 of 2026 stands restored.

6.        The application is therefore stands allowed in terms of prayer clause

(b).


                                      Page 1 of 2
Kiran Kawre
                                                                  914-APPLN-3688-2026.odt



7.      By consent of both sides, stand over to 16 October 2026.

8.      Interim relief, if any, to continue till the next date.




                                                          (R. M. JOSHI, J.)




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Kiran Kawre

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