Bombay High Court

NITIN RAVSAHEB KALUNKEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court held that an anticipatory bail application may be withdrawn when it becomes infructuous due to the applicant's arrest.

Summary

The applicant, Nitin Ravsaheb Kalunke, filed an anticipatory bail application after being arrested. He later informed the court that his arrest rendered the application moot and sought to withdraw it as infructuous. The learned counsel for the applicant submitted a request for permission to withdraw the application. The court considered whether a bail application could be withdrawn after the applicant's arrest. Finding no impediment, the court granted permission to withdraw the application. Consequently, the anticipatory bail application was disposed of as infructuous.

Issues considered

Whether an anticipatory bail application can be withdrawn after the applicant has been arrested

Subjects

anticipatory bail
withdrawal
infructuous
criminal procedure
bail

Judgment

2026:BHC-AUG:43673




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                     30 ANTICIPATORY BAIL APPLICATION NO. 1493 OF 2026

                                     NITIN RAVSAHEB KALUNKE
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
           Mr. M. S. Shaikh h/f Mr. Namdev Shatrughan Shinde, Advocate for Applicant
           Mr. A. R. Kale, APP for the Respondent/State

                                                    CORAM : R. M. JOSHI, J.
                                                    DATED    : 28th SEPTEMBER, 2026

           PER COURT :-

           1.    Learned Advocate for the Applicant, on instructions, submits that the

           Applicant has been arrested and, therefore, nothing further survives for

           consideration in the present application. He accordingly seeks permission to

           withdraw the application as having become infructuous.

           2.    In view of the above submission, permission is granted to withdraw the

           application. The application is accordingly disposed of as having become

           infructuous.


                                                              ( R. M. JOSHI, J.)
           ssp




           30 ABA 1493.2026.odt                                                    1 of 1

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