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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Disposed off as Withdrawn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 Consequently, the bail application No. 523 of 2026 was disposed of as withdrawn.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  • Whether the bail application can be withdrawn and a fresh application filed due to non‑disclosure of antecedents as mandated by Zeba Khan v. State of U.P.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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