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Bombay High Court

JUGAL JAGDISH KANABARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The bail application was dismissed as withdrawn without being heard on its merits.

Summary

The applicant, Jugal Jagdish Kanabar, filed a criminal bail application before the Bombay High Court. The victim, who is the applicant's mother, expressed no objection to granting bail and was prepared to submit a written statement. Despite the victim's stance, the Court was not inclined to grant bail. Consequently, the applicant's counsel sought leave to withdraw the bail application, which the Court granted. The application was dismissed as withdrawn and the matter was not heard on its merits.

Issues considered

  • Whether bail should be granted to the accused despite the victim's no‑objection statement
  • Whether the applicant's counsel may withdraw the bail application after the Court has expressed reluctance to grant bail

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • victim no objection
  • High Court

Judgment

           Digitally
           signed by
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:        H.C.SHIV                                                           922.ba2574.26.doc
           2026.08.24
           10:31:24
           +0300

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                        CRIMINAL BAIL APPLICATION NO.2574 OF 2026

                        Jugal Jagdish Kanabar                             ...Applicant
                              V/s.
                        State of Maharashtra & Anr.                       ...Respondents
                                                       _____________
                        Mr. Abhishek Bandekar for the Applicant.
                        Mr. V. A. Kulkarni, APP for the Respondent-State.
                        Ms. Hemlata Vaje, PSI, Charkop police station present.
                                                       _____________

                                                             CORAM : SHYAM C. CHANDAK, J.

                                                             DATED : 20th AUGUST, 2026
                        P.C. :-

                        1.         Mr.Bandekar, learned Counsel for the Applicant submits that
                        Respondent No.2-victim has no objection to grant bail to the Applicant and
                        she wanted to tender her written ‘no objection’ on record.

                        2.         Heard learned Counsel for the parties.

                        3.         The victim is mother of the Applicant-accused. Considering the facts
                        of the case, when this Court was not inclined to grant the bail,
                        Mr.Bandekar, learned Counsel seeks leave to withdraw the aforesaid
                        Application.

                        4.         Leave to withdraw is granted.

                        5.         Application stands dismissed as withdrawn.

                        6.         It is clarified that this Application is not heard on merits.




                                                                           (SHYAM C. CHANDAK, J.)

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