Bombay High Court

KHAJABI JAFAR SHAIKH AND ANRversusSTATE OF MAHARASHTRA

Decided: 8 October 2026
Disposal: Disposed off as Withdrawn

Holding

An anticipatory bail application can be withdrawn when regular bail is granted, with liberty to file a fresh application before the Sessions Court.

Summary

The applicants sought anticipatory bail, but the main accused was subsequently granted regular bail by the Sessions Court. The counsel for the applicants requested to withdraw the anticipatory bail application, seeking liberty to file a fresh application before the Sessions Court. The Court considered the procedural propriety of withdrawing an anticipatory bail application after regular bail is granted. No substantive legal issue was contested, and the Court found no impediment to the withdrawal. Consequently, the anticipatory bail application was disposed of as withdrawn, with liberty to file an appropriate application before the Sessions Court.

Issues considered

Whether an anticipatory bail application may be withdrawn when regular bail has been granted to the accused

Subjects

anticipatory bail
regular bail
withdrawal of bail application
criminal procedure
Bombay High Court

Judgment

                                                      905-ABA-1353-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 1353 OF 2026
Khajabi Jafar Shaikh And Anr.                             …Applicants
      Versus
The State of Maharashtra                                  …Respondent


Adv. Pooja D. Satpute a/w Adv. Tuushar Sonawane, for the
Applicant.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
PSI Sonali Patil, Shantinagar Police Station, Bhiwandi, is present.


                         CORAM :           PRAFULLA S. KHUBALKAR, J.
                         DATE         :     8TH OCTOBER 2026
P. C. :-

1.          Adv. Pooja D. Satpute holding for Adv. Tuushar N.

Sonawane, counsel for applicant submits that the main accused

in the offence has been granted regular bail by the Sessions

Court and therefore the applicant wants to withdraw the instant

application with liberty to file fresh application before the

Sessions Court.

2.          Accordingly, the instant application is disposed of as

withdrawn with liberty to file appropriate application before the

Sessions Court.

                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




                                      Page 1 of 1
                                 th
                                8 October 2026

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.