Bombay High Court

MOTILAL TUKARAM BANDEBUCHEversusSTATE OF MAHARASHTRA

Decided: 24 August 2026
Disposal: Disposed Off

Holding

Leave to withdraw the bail application was granted, and the application was disposed of as withdrawn.

Summary

The applicant, Motilal Tukaram Bandebuche, filed a bail application before the Bombay High Court and subsequently sought to withdraw it, requesting liberty to file a fresh bail application before the trial court on new grounds. The applicant was represented by Ms. Anjali Shaw and Ms. Kavita D. Vijapure. The State of Maharashtra was represented by Mr. Tanveer Khan. The court, after hearing the request, granted leave to withdraw the bail application and allowed the applicant to file a new application later. Consequently, the bail application was disposed of as withdrawn, and the related interim application (No. 2450 of 2026) was also disposed of. The court clarified that the matter was not heard on its merits.

Issues considered

What is the court's jurisdiction to permit the withdrawal of a bail application and to grant liberty to re‑file a fresh bail application before the trial court?

Subjects

bail
withdrawal of application
interim application
criminal procedure
High Court

Judgment

                      P.H. Jayani                                                           38 BA323.2026.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                            BAIL APPLICATION NO. 323 OF 2026

                      Motilal Tukaram Bandebuche                                   …. Applicant
                            Vs.
                      The State of Maharashtra                                     …. Respondent

                                                        WITH
                                         INTERIM APPLICATION NO. 2450 OF 2026
                                                         IN
                                           BAIL APPLICATION NO. 323 OF 2026

                      Vijay Manikrao Gautam                                        …. Applicant
                      In the matter between :-
                      Motilal Tukaram Bandebuche                                   …. Applicant
                            Vs.
                      The State of Maharashtra                                     …. Respondent

                      Ms. Anjali Shaw i/b. Ms. Kavita D. Vijapure for the Applicant.
                      Mr. Tanveer Khan, APP for the Respondent – State.
                      Mr. Suhas Deokar a/w. Mr. Tanmay Shembavanekar and Mr. Shravan Sul
                      for the Intervenor.

                                                          CORAM : SHYAM C. CHANDAK, J.
                                                          DATED : 24th AUGUST, 2026

                      P.C. :-

                      1.        Ms. Shaw, learned Counsel for the Applicant, on instructions, seeks
                      leave to withdraw the aforesaid Bail Application with liberty to file a fresh
                      bail application before the trial Court on new ground.
                      2.        Leave to withdraw is granted, with aforesaid liberty.
                      3.        Bail Application stands disposed of as withdrawn.
                      4.        Interim Application No.2450/2026 stands disposed of in view of
                      disposal of the Bail Application.
                      5.        It is made clear that this Application is not heard on merits.


  PREETI
  HEERO                                                              (SHYAM C. CHANDAK, J.)
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.25
18:27:54 +0530
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