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Bombay High Court

GEETA PRASHANT GHOSALKAR @ GEETA MARKAS BANKAR AND ORSversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application before the Sessions Court.

Summary

The applicants, Geeta Prashant Ghosalkar and others, filed an anticipatory bail application before the Bombay High Court. After the prosecution filed a charge-sheet, the applicants sought permission to withdraw the anticipatory bail application and requested liberty to file a fresh application before the Sessions Court. The learned counsel for the applicants argued that the filing of the charge-sheet rendered the anticipatory bail application moot and that the applicants should be allowed to approach the appropriate forum. The Court examined whether an anticipatory bail application could be withdrawn after a charge-sheet is filed and whether the Court could grant liberty to re‑file before a lower court. Finding no legal impediment, the Court permitted the withdrawal of the application and granted the requested liberty. Consequently, the applicants may now approach the Sessions Court with a fresh bail application.

Issues considered

  • Whether an anticipatory bail application may be withdrawn after the filing of a charge‑sheet
  • Whether the High Court can grant liberty to the applicant to file a fresh bail application before the Sessions Court

Subjects

  • anticipatory bail
  • withdrawal
  • charge-sheet
  • fresh application
  • criminal procedure

Judgment

                     KVM
                                                        1/1
                                                                           502 - ABA 1034 OF 2026.doc



        Digitally
        signed by
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.10.06
        19:44:46
        +0530
                                     CRIMINAL APPELLATE JURISDICTION

                                ANTICIPATORY BAIL APPLICATION NO. 1034/2026

                     GEETA PRASHANT GHOSALKAR
                     @ GEETA MARKAS BANKAR & ORS.                        ….. APPLICANTS

                           VS

                     THE STATE OF MAHARASHTRA                            …. RESPONDENT

                     Adv. Gaurav Bulchandani i/b. Adv. Vaibhav Kadam for the Applicant.

                     Mr.Ashok S. Gawai, APP for the Respondent – State.

                                               CORAM : PRAFULLA S. KHUBALKAR, J.
                                               DATE : 6TH OCTOBER, 2026


                     P.C. :-

                     1)           Learned counsel for the applicants seeks permission to

                     withdraw the instant application in view of filing of charge-sheet and

                     seeks liberty to file a fresh application before the Sessions Court.

                     2)           Accordingly, the application is permitted to be withdrawn

                     with liberty as prayed for.



                                                              [PRAFULLA S. KHUBALKAR, J.]


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