Bombay High Court
TAMIL SELVAN MARIMUTTU HARIJANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted leave to withdraw the interim application and allowed the applicant liberty to file a fresh bail application, thereby disposing of the interim application.
Summary
The applicant, Tamil Selvan Marimuttu Harijan, had his bail application (No. 1074 of 2024) dismissed on 20 February 2026 because he failed to appear and the court recorded a DNA report establishing him as the biological parent of the victim's deceased baby. The dismissal was not recorded as being for want of prosecution, and the applicant’s counsel sought to withdraw the interim application filed to restore the bail and to obtain liberty to file a fresh bail application. The court noted that the earlier bail application had not been heard on its merits. It granted leave to withdraw the interim application and permitted the applicant to file a new bail application. Consequently, the interim application was disposed of.
Issues considered
- What is the appropriate procedural remedy when a bail application is dismissed without being heard on its merits and without a finding of want of prosecution?
- Whether the court can grant liberty to the applicant to file a fresh bail application after dismissing the earlier bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- interim application
- procedural lapse
- want of prosecution
- DNA evidence
- criminal procedure
- restoration of bail
- liberty to file fresh application
Judgment
2026:BHC-AS:34022
SA_MANDAWGAD 18 IA 1404-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1404 OF 2026
IN
BAIL APPLICATION NO. 1074 OF 2024
Tamil Selvan Marimuttu Harijan … Applicant
V/S.
State of Maharashtra … Respondent
Ms. Sana Shaikh, for the Applicant.
Ms. Anagha Deshmukh, APP for the Respondent–State.
Mr.Ramesh Khapale, PSI, Sahar Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 17th AUGUST, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused record.
2. The present application seeks restoration of Bail Application
No.1074 of 2024, which was dismissed on 20th February, 2026.
The said order reads as under:
“1. None appears for the Applicant.
2. On 19th November 2025, Ms. Sana Shaikh, learned
counsel appearing for the Applicant, sought time in the
matter and she also requested for a copy of the statement of
the Victim recorded under Section 164 of Code of Criminal
Procedure, 1973.
3. Mr. Modak, learned counsel appointed to represent
the Respondent No.3-Victim, was also directed to be given
DNA Report as well as the case status Report by the learned
APP.
4. Thereafter, on 19th December 2025, none appeared for
the Applicant. Even on 6th February 2026, none had
appeared for the Applicant.
Page 1 of 2
SA_MANDAWGAD 18 IA 1404-26.DOC
5. Today, Mr. Modak and Mr. Mayur Sonavane, learned
APP representing the State in the matter, have tendered the
examination report pertaining to the DNA analysis of the
baby born to the Victim and the Accused, i.e., the present
Applicant. The said report is taken on record. As per the
opinion of the Chemical Analyst Expert, the Victim and the
Applicant are concluded to be the biological parents of the
baby, who is now deceased.
6. In these circumstances, the present Bail Application is
dismissed and stands disposed of.”
3. Since the Bail Application No.1074 of 2024 was dismissed
on 20.02.2026 without recording that it was dismissed for want of
prosecution, therefore, learned counsel for the Applicant seeks
leave to withdraw the aforesaid Interim Application with liberty to
file a fresh bail application as earlier Bail Application was not
heard on merits on the side of the Applicant.
4. Leave to withdraw is granted, with aforesaid liberty.
5. Interim Application stands disposed of, accordingly.
(SHYAM C. CHANDAK, J.)
Page 2 of 2
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 18/08/2026 17:17:41
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