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.]
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PPN
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