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Bombay High CourtAPPLN/17/2025disposed off as a withdrawn

Sharad Maroti Kuhikar And Others v. Bharti Sharad Kuhikar

2026-03-13Hon'Ble Justice Urmila Joshi Phalke1 pages

23-appln17-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.17 OF 2025 Dr. Hemal Siddharth Mehta ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Himanshu V. Kode for the applicant.

Ms. Pallavi N. Dabholkar, APP for the respondent-State.

CORAM

: AMIT BORKAR, J.

Digitally signed by ATUL GANESH KULKARNI Date:

2025.06.25 15:01:00 +0530 DATED : JUNE 25, 2025 P.C.:

ATUL GANESH KULKARNI 1.

The present crimianl application is for cancellation of bail on the ground that the impugned order is perverse or based on extraneous consideration. For such exercise, the applicant needs to adopt remedy of revision or writ petition by way of judicial review. 2.

For invoking power under Section 439 of the Criminal Procedure Code, 1973 where parameters are in relation to releasing the applicant on bail on the gravity of offence, the exercise in relation to the validity of the order cannot be carried out. Therefore, the remedy of the applicant is to approach this Court invoking either revision or writ petition. 3.

The criminal application is dismissed with liberty to the applicant to file appropriate proceedings as is permissible in law. (AMIT BORKAR, J.)