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Bombay High Court

SABIR HUSAIN SHAIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The anticipatory bail and interim applications were dismissed as infructuous due to the applicant's death.

Summary

The applicant, Sabir Husain Shaikh, filed an anticipatory bail application (No. 1613 of 2026) along with an interim application (No. 2858 of 2026) before the Bombay High Court. During the hearing, counsel for the applicant informed the Court that the applicant had passed away. The Court considered whether the death of the applicant rendered the anticipatory bail proceedings moot. It held that since the applicant was deceased, there was no person to benefit from the relief sought. Consequently, the Court disposed of both the anticipatory bail and interim applications as infructuous. No substantive merits of the bail claim were examined.

Issues considered

  • What is the effect of the applicant's death on pending anticipatory bail proceedings?

Subjects

  • anticipatory bail
  • death of applicant
  • criminal procedure
  • infructuous application
  • high court disposal

Judgment

                                                                          247.ABA-1613.26.DOC




             Digitally signed
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR               CRIMINAL APPELLATE JURISDICTION
             Date: 2026.09.01
             16:19:20 +0530
                                 ANTICIPATORY BAIL APPLICATION NO. 1613 OF 2026
                                                     WITH
                                      INTERIM APPLICATION NO.2858 OF 2026

                      Sabir Husain Shaikh                            … Applicant
                      V/s.
                      The State of Maharashtra & Anr.                      …. Respondents
                                 ______________________
                      Mr. Vikas Shirvarkar, for the Applicant.
                      Ms. M. S. Yadav, APP for the Respondent No.1-State.
                      Ms. Shubhra Swami, for Respondent No.2 through Legal Aid.
                                                   ______________________


                                                   CORAM : MADHAV J. JAMDAR, J.
                                                   DATED : 31 AUGUST 2026
                      P. C. :-

                      1.         Learned counsel appearing for the Applicant states that the

                      Applicant has passed away and, therefore, nothing survives in the

                      Anticipatory Bail Application.


                      2.         Accordingly, Anticipatory Bail Application and Interim

                      Application are disposed of as infructuous.



                                                                  [MADHAV J. JAMDAR, J.]




                                                         Page 1
                      PPN


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