Bombay High Court
BHUSHAN BELAJI BORADEversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
Holding
The anticipatory bail application was dismissed as infructuous because the applicant was already in custody.
Summary
Bhushan Belaji Borade applied for anticipatory bail before the Bombay High Court, Aurangabad Bench. During the hearing, counsel for the applicant informed the court that the applicant had already been arrested, rendering the anticipatory bail application moot. The court, noting the change in circumstances, held that the application could no longer be entertained. Consequently, the application was dismissed as infructuous. No further orders were made.
Issues considered
- What is the appropriate course of action when an anticipatory bail application is filed after the applicant has already been arrested?
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- infructuous application
- court dismissal
Judgment
2026:BHC-AUG:41821
P-2-ABA-1677-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1677 OF 2026
Bhushan Belaji Borade
VERSUS
The State of Maharashtra
...
Mr. N. L. Jadhav, Advocate for Applicant.
Mr. A. R. Kale, APP for Respondents.
...
CORAM : R.M. JOSHI, J
DATE : SEPTEMBER 9, 2026
P. C. :
1. Not on board. By consent of both sides, taken on board.
2. Learned counsel for the applicant, on instructions, makes a statement
that the applicant is already arrested and therefore the application has
become infructuous.
3. Application stands dismissed as infructuous.
(R. M. JOSHI, J.)
Page 1 of 1
Kiran Kawre
Checking your session…