Bombay High Court

MUKESH LAXMAN GHOLAPversusSTATE OF MAHARASHTRA

Decided: 27 July 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application after six months, subject to the applicant’s cooperation with the prosecution.

Summary

Mukesh Laxman Gholap applied for bail in a 2019 case involving IPC sections 75 and 302 and Arms Act sections 4(25) and (27). This was his third bail application; the first was withdrawn and the second was disposed. The State indicated it would examine six eyewitnesses within six months from 1 August 2026 before the remaining witnesses, and asked the accused to cooperate and not seek adjournments. Gholap’s counsel sought permission to withdraw the present application and to file a fresh bail application after the six‑month period, assuring cooperation. The State did not oppose this request. The Court granted leave to withdraw the application and allowed the applicant to file a fresh bail application after six months, subject to the stated conditions, and ordered the withdrawal to be placed before the trial court.

Issues considered

Whether the bail application should be entertained or withdrawn given the pending examination of eyewitnesses.
Whether the applicant may be granted liberty to file a fresh bail application after a specified period.
Whether the applicant must cooperate with the prosecution and refrain from seeking adjournments.

Legislation cited

Arms Act — s. 4(25), 4(27)
Indian Penal Code, 1860 — s. 302, 75

Subjects

bail
criminal procedure
witness examination
IPC
Arms Act
withdrawal of application
cooperation
adjournment

Judgment

27-BA-184-2026.doc

Digitally signed
by GAYATRI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date:
2026.07.28
11:15:15 +0530 CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 184 OF 2026
Mukesh Laxman Gholap … Applicant
Versus.
The State of Maharashtra … Respondent
-----

Mr. Vipul Dushing a/w Mr. Ashraf Kazi, Mr. Yasg Surana, S. Mali,
Advocates for the Applicant.
Ms. Shilpa Gajare Dhumal, APP for Respondent – State.
Mr. R. M. Ghule – PSI, present in Court.
-------

CORAM : ASHWIN D. BHOBE, J.
DATE : 27th JULY, 2026

P.C. :

1. Heard, Mr. Vipul Dushing, Advocate for the Applicant

and Ms. Shilpa Gajare Dhumal, APP for Respondent – State.

2. By the present Application, the Applicant seeks bail in

Crime No. 1367 of 2019 registered with Chakan Police Station for

offences punishable under Sections 75 and 302 of the Indian Penal

Code and Sections 4(25) and (27) of the Arms Act.

3. This is the 3rd Bail Application filed by the Applicant

before this Court in Crime No. 1367 of 2019. Previously, the 1 st

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27-BA-184-2026.doc

Criminal Bail Application No. 1197 of 2022 was dismissed as

withdrawn on 15.09.2023 and the 2 nd Criminal Bail Application

No. 5285 of 2024 was disposed of on 25.08.2025.

4. Ms. Shilpa Gajare Dhumal, learned APP for the State,

submits that although the prosecution intends to examine fifty-

three (53) witnesses in Crime No. 1367 of 2019, it will examine

the six (6) eyewitnesses before the other witnesses. On

instructions, she states that the said six (6) eyewitnesses would be

examined within six (6) months from 01.08.2026. She submits

that the Accused should co-operate with the prosecution and the

Trial Court in the examination of the said witnesses and should not

seek any adjournments when the witnesses are summoned and

when they are in the witness box.

5. In view of the statement made by Ms. Shilpa Gajare

Dhumal, learned APP for the State, Mr. Vipul Dushing, learned

Advocate for the Applicant, on instructions from the Applicant,

seeks leave to withdraw this Bail Application with liberty to file a

fresh Bail Application before the Trial Court upon the examination

of the said six (6) eyewitnesses. He further submits that in the

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27-BA-184-2026.doc

event the said six (6) eyewitnesses are not examined within the

period of six (6) months from 01.08.2026, the Applicant be

granted liberty to apply before the Trial Court by filing a fresh bail

Application.

6. Mr. Vipul Dushing learned Advocate for the Applicant,

on instructions from the Applicant, states that the Accused shall

co-operate with the prosecution and the Trial Court in the

examination of the said witnesses. Mr. Dushing further states that

neither the Advocate for the Accused nor the Accused will seek any

adjournments when the witnesses are summoned and when they

are in the witness box.

7. Ms. Shilpa Gajare Dhumal, learned APP for the State,

does not oppose the said request for liberty to file a fresh bail

application before the trial court, as made by Mr. Vipul Dushing,

learned Advocate for the Applicant.

8. Prosecution to act in terms of the statement made by

Ms. Shilpa Gajare Dhumal, learned APP for the State, in para 4 of

this order.

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27-BA-184-2026.doc

9. In view of the statement made by Mr. Vipul Dushing,

learned Advocate for the Applicant, leave is granted to withdraw

this Bail Application. The Applicant will be at liberty to file a fresh

Bail Application after six (6) months from 01.08.2026, on changed

circumstances, if any, again subject to the Applicant abiding by the

statements made by Mr. Vipul Dushing, learned Advocate for the

Applicant, as recorded in para 6 of this order.

10. Mr. Vipul Dushing, learned Advocate for the Applicant

states that this order shall be placed before the Trial court on or

before 01.08.2026.

11. Criminal Bail Application No. 184 of 2026 is disposed

of as withdrawn.

(ASHWIN D. BHOBE, J.)

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