Bombay High Court

APPASAHEB BHAGWAT DHEREversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file appropriate proceedings.

Summary

Appasaheb Bhagwat Dhere applied for bail before the Bombay High Court, Aurangabad Bench, contending that his detention was illegal because the alleged crime had not been established and that a writ petition, not a bail application, was the proper remedy. He argued that no prior grievance or challenge to the remand had been raised. The court noted the applicant's request to withdraw the bail application. Consequently, the bail application was dismissed as withdrawn, with the court granting liberty to file appropriate proceedings as per law. No substantive discussion on the merits of the alleged illegal detention was made.

Issues considered

Whether the bail application is premature and should be dismissed as withdrawn
Whether the appropriate remedy for alleged illegal detention is a writ petition rather than a bail application

Subjects

bail
illegal detention
writ petition
premature application
criminal procedure

Judgment

                                 1                        50ba1211.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                50 BAIL APPLICATION NO. 1211 OF 2026

                    APPASAHEB BHAGWAT DHERE
                                VERSUS
                    THE STATE OF MAHARASHTRA
                                   ...
 Advocate for Applicant : Mr. Shinde Tushar Chandrakant, Peche Akash
                               Uddhavrao
             APP for Respondents/State : Mr. V.K. Kotecha
                                   …


                               CORAM : HITEN S. VENEGAVKAR, J.
                               DATE : 07.09.2026
PER COURT :


1.           The learned Advocate for the applicant submits that the
main ground on which the bail application is premature is the illegal
detention of the applicant on the ground that there is no compliance of
the subject crime on the ground of arrest of the applicant. He submits
that, according to him, the appropriate remedy would be to file the Writ
Petition and not the present bail application and he further submits that
this ground was never raised prior to this. Neither has the remand
application been challenged, nor has any grievance raised, to that effect.


2.           At the request of the learned Advocate for the applicant, the
application stands dismissed as withdrawn, with liberty to file an
appropriate proceedings in accordance with law.



                                     (HITEN S. VENEGAVKAR, J.)




mahajansb/

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