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Bombay High CourtAPPP/1737/2026dismissed

Jayesh S/O Mohanrao Kale v. State Of Maharashtra Thr Pso., Banoda, Dist. Amravati

2026-06-08Hon'Ble Shri Justice Rajnish R. Vyas2 pages

2026:BHC-NAG:7408 1 901appp1737.2026..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO. 1737 OF 2026 IN CRIMINAL APPLICATION (ABA) NO. 216 OF 2026 (D) (Jayesh s/o Mohanrao Kale Vs. State of Mah. Through PSO, Benoda, Dist. Amravati) AND CRIMINAL APPLICATION (APPP) NO. 1738 OF 2026 IN CRIMINAL APPLICATION (ABA) NO. 217 OF 2026 (D) (Praful s/o ambadas Gohad Vs. State of Mah. Through PSO, Benoda, Dist. Amravati) ------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.A. Bagde, Advocate for applicants.

Ms. M.R. Kavimandan, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.

DATE: 08.06.2026 The applications are for setting aside the order of withdrawal dated 27.4.2026, passed by this Court, in Criminal Application Nos. 216/2026 and 217/2026.

2.

Heard learned counsels for the respective parties. 3.

Mr. Bagde, the learned Counsel for the applicants has argued that the Anticipatory Bail Applications filed by the applicants were withdrawn by the earlier counsel, though, the applicants had not authorized the counsel. He contends that therefore, the order be quashed and set aside.

4.

Per contra, learned APP has opposed the applications and argued that the Anticipatory Bail Applications were heard at length and when this Court had shown its dis-inclination to allow the

2 901appp1737.2026..odt applications, the learned counsel has sought permission to withdraw the applications. According to her, the filing of the applications for recalling/setting aside the order dated 27.4.2026 is an abuse of process of law.

5.

With the help of learned counsels, I had gone through the record of the case.

6.

This Court vide order dated 27.4.2026 had permitted the applicants to withdraw the applications as the Court was not inclined to allow the applications. Though, the allegations are made against the lawyer, who was appearing earlier, nothing has been brought on record to show that either any action is taken against the lawyer or any communication to that effect was issued. Even otherwise, the learned counsel could not point out any provision for setting aside the order passed by this Court or recalling of the same. In that view of the matter, the applications are nothing but are an abuse of process of law. That being so, the applications are dismissed with costs of Rs.1,000/- (Rupees One Thousand) each to be deposited within two weeks from today with "Public Welfare Account", details of which are as under:

Account No: 129712010001014 IFSC Code : UBINo812978 (RAJNISH R. VYAS, J.) Belkhede, PS