Bombay High Court
RAJU ANNASAHEB BHUTEKARversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
Holding
An anticipatory bail application stands disposed of as infructuous when the applicant is arrested.
Summary
The applicant, Raju Annasaheb Bhutekar, filed an anticipatory bail application under Section 438 of the Criminal Procedure Code before the High Court of Bombay, Aurangabad Bench. While the application was pending, the applicant was arrested by the police. Counsel for the applicant informed the court that the arrest rendered the anticipatory bail application infructuous. The court held that an anticipatory bail application cannot proceed once the applicant is in custody. Consequently, the court disposed of the anticipatory bail application as infructuous.
Issues considered
- What is the effect on an anticipatory bail application if the applicant is arrested before the application is decided?
Subjects
- anticipatory bail
- Section 438 CrPC
- arrest
- criminal procedure
- high court
Judgment
2026:BHC-AUG:38701
929-ABA-1435-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1435 OF 2026
Raju Annasaheb Bhutekar ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. S.S. Jadhav, Advocate for applicant
Mr. S.B. Jadhav, A.P.P. for respondent - State
....
CORAM : R.M. JOSHI, J.
DATE : 27th AUGUST, 2026
PER COURT :
1. Learned counsel for the Applicant, on instructions, makes a
statement that the Applicant is arrested and as such the application has
become infructuous.
2. In view of the same, Anticipatory Bail Application stands disposed
of as infructuous.
( R.M. JOSHI, J. )
SSD
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