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Bombay High Court

MOHD ISMAIL MOHD SALIM KHANversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application.

Summary

The applicant, Mohd Ismail Mohd Salim Khan, filed a criminal bail application before the Bombay High Court, Kolhapur Bench. During the hearing, the applicant’s counsel indicated that the antecedents of the case had not been disclosed, and therefore sought to withdraw the bail application. The court considered the request for withdrawal and the applicant’s right to file a fresh application. It held that the application could be withdrawn and granted the applicant liberty to file a new bail petition. Consequently, the bail application was dismissed as withdrawn, with permission to re‑apply.

Issues considered

  • Whether a criminal bail application may be withdrawn on the ground of non‑disclosure of antecedents
  • Whether the applicant should be granted liberty to file a fresh bail application after withdrawal

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • high court
  • application dismissed

Judgment

                                                                               13-BA-3712-2025 (CR).doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL BAIL APPLICATION NO. 3712 OF 2025

                                               Mohd Ismail Mohd Salim Khan
                                                         VERSUS
                                                 The State of Maharashtra

                                                      ...
                        Mr. Tabish Moomanm, Advocate for the Applicants.
                        Mr. Nitin. B. Patil, APP for the Respondent-State.
                                                               ...

                                                        CORAM :          SACHIN S. DESHMUKH, J.
                                                        DATE :           18th MARCH, 2026.
                        P. C. :

                        1.        In view of non-disclosure of the antecedents, the learned

                        counsel for the applicant seeks withdrawal of this application with

                        liberty to file a fresh application.

                        2.        The application is dismissed as withdrawn with aforesaid

                        liberty.

                                                                     [SACHIN S. DESHMUKH, J.]




           Digitally
           signed by
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2026.03.18
           18:35:29
           +0530

                        Sajakali Jamadar                  1 of 1


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