Bombay High Court
MEHABOOB ISMAIL UKALIversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court granted leave to withdraw the bail application and liberty to file a fresh application complying with the Zeba Khan requirements.
Summary
The applicant, Mehaboob Ismail Ukali, filed a criminal bail application. His counsel, Gaurav Kalekar, argued that the antecedents required under the Supreme Court's decision in Zeba Khan v. State of U.P. were not disclosed, and therefore sought permission to withdraw the current application and file a fresh one complying with that requirement. The respondent, the State of Maharashtra, did not oppose the request. The Court, after noting the counsel's statement, granted leave to withdraw the bail application and allowed the applicant to re‑file a new application meeting the Zeba Khan criteria. Consequently, the bail application No. 523 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the bail application can be withdrawn and a fresh application filed due to non‑disclosure of antecedents as mandated by Zeba Khan v. State of U.P.
Subjects
- bail
- antecedents disclosure
- withdrawal
- re‑filing
- criminal procedure
Judgment
54-BA-523-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 523 OF 2026
Mehaboob Ismail Ukali …... Applicant
Versus
The State Of Maharashtra & Anr. …...Respondents
——————
Mr. Gaurav Kalekar (Through V.C.) for Applicant.
Mr. Nitin B. Patil, A.P.P. for Respondents-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 22nd September 2026.
PER COURT :
1. Mr. Gaurav Kalekar, learned Advocate for the Applicant, submits that
the antecedents required to be disclosed by an accused in terms of the
decision of the Hon'ble Supreme Court in the case of Zeba Khan V/s. State of
U.P.1, have not been disclosed in the present Application. He, therefore,
requests for leave to withdraw the present Bail Application with liberty to file
a fresh Bail Application before this Court, complying with the requirements
laid down in the decision in the case of Zeba Khan V/s. State of U.P. (supra).
1 2026 SCC OnLine SC 188
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54-BA-523-2026 (CR).docx
This request is not opposed by Mr. Nitin Patil, learned A.P.P. for the
Respondents-State.
2. In view of the statement made by Mr. Gaurav Kalekar, learned
Advocate for the Applicant, leave is granted to withdraw the present Bail
Application with liberty to file a fresh Bail Application by complying with the
requirements laid down in the case of Zeba Khan V/s. State of U.P. (supra).
3. The Criminal Bail Application No. 523 of 2026 is disposed of as
withdrawn with aforesaid liberty.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.22
20:11:23 +0530
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