Bombay High Court
HUSSAIN ABDUL KADER KUNNALIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court may dismiss an anticipatory bail application as withdrawn when the applicant fails to comply with imposed conditions and seeks withdrawal.
Summary
The applicant, Hussain Abdul Kader Kunnali, filed an anticipatory bail application before the Bombay High Court. The Court earlier ordered him to surrender his passport and report to the investigating officer on 6 July 2026. The applicant failed to comply with both directions and offered no justification. Counsel for the applicant then sought permission to withdraw the anticipatory bail application. The Court dismissed the application as withdrawn, noting the applicant's non‑compliance.
Issues considered
- What is the appropriate procedural response when an applicant fails to comply with conditions imposed in an anticipatory bail order and seeks to withdraw the application?
Subjects
- anticipatory bail
- non‑compliance
- withdrawal of application
- criminal procedure
- High Court
Judgment
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Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.09.10
20:14:16
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1439/2025
HUSSAIN ABDUL KADER KUNNALI ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Shubham Upadhyay i/b. Adv. Prabhakar Tripathi for the
Applicant.
Ms. Megha S. Bajoria, APP for the Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 10TH SEPTEMBER, 2026
P.C. :-
1) Learned APP invites attention to order dated 2 nd July,
2026 passed by this Court, which is reproduced below :-
‘1. The applicant is directed to surrender his original passport
with the Investigating Officer within three days from today. The
applicant is also directed to report to the Investigating Officer on
6th July, 2026 in between 10:00 a.m. to 5:00 p.m. and on any
other day when called upon by the Investigating Officer.
2. List the matter for further consideration on 10th July, 2026.
Interim protection granted earlier shall continue till next date. ’
2) She submits that the applicant has failed to surrender the
original passport and has also failed to attend the Investigating Officer
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on 6th July, 2026.
3) As regards this non-compliance with the order and failure
to attend the police station, the applicant has failed to offer any
justification.
4) In this background, learned counsel for the applicant, on
instructions, seeks permission to withdraw the instant application.
5) Application is dismissed as withdrawn.
[PRAFULLA S. KHUBALKAR, J.]
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