Bombay High Court
DATTA BALASO GODSEversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application in compliance with the law.
Summary
The applicant, Datta Balaso Godse, filed a bail application in CR No.361 of 2023 for alleged offences registered at Atpadi Police Station, Sangli. The applicant’s counsel admitted that the mandatory affidavit disclosing antecedents, as required by the Supreme Court’s decision in Zeba Khan v. State of Uttar Pradesh, had not been filed. Consequently, the counsel sought leave to withdraw the bail application and file a fresh one complying with the legal requirement. The State’s counsel did not oppose the request. The Court, after noting the omission, granted liberty to withdraw the present application and to file a fresh one, and disposed of the current bail application as withdrawn.
Issues considered
- Whether a bail application can be withdrawn when the mandatory affidavit of antecedents has not been filed.
- Whether the court should allow the applicant to file a fresh bail application after withdrawal.
Subjects
- bail
- withdrawal
- affidavit of antecedents
- criminal procedure
- Supreme Court precedent
Judgment
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30-BA-590-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 590 OF 2026
Datta Balaso Godse …...Applicant
VERSUS
State Of Maharashtra And Anr. …...Respondents
_________________________________________________________________
Mr. Unmesh Jamdar i/b Mr. C. R. Sonecha, for Applicant.
Mr. Nitin B. Patil, APP, for Respondent Nos.1 and 2 - State.
_________________________________________________________________
Digitally
signed by
SHANTANU
CORAM : ASHWIN D. BHOBE, J.
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.09
21:39:16
DATE : 8th SEPTEMBER, 2026.
+0530
P.C.
1. Heard Mr. Unmesh Jamdar, learned Advocate for the Applicant
and Mr. Nitin B. Patil, learned A.P.P., for Respondent Nos.1 and 2 - State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“1. Applicant may kindly be enlarged on bail in C.R. No.361
of 2023 registered at Atpadi Police Station, District: Sangli,
on such terms and conditions as the Hon’ble Court may
deem fit in the circumstances of the case.”
3. Mr. Unmesh Jamdar, learned Advocate for the Applicant, learned
Advocate for the Applicant states that, on account of inadvertence, the
Shantanu S. Dhudum
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30-BA-590-2026(CR).DOC
affidavit disclosing the antecedents, as required to be filed in terms of the
decision of the Hon’ble Supreme Court in the case of Zeba Khan Vs. State
of Uttar Pradesh1, remained to be filed. He, therefore, seeks leave to
withdraw the present Bail Application with liberty to file a fresh Bail
Application.
4. This request is not opposed by Mr. Nitin B. Patil, learned A.P.P. for
Respondent Nos.1 and 2 - State.
5. In view of the above, leave is granted to withdraw the present
Bail Application with liberty to file a fresh Bail Application in compliance
with the requirements of law.
6. Criminal Bail Application No.590 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
1 2026 SCC OnLine SC 188
Shantanu S. Dhudum
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