Bombay High Court
MUKESHKUMAR SHAHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court allowed the withdrawal of the anticipatory bail application and disposed of it without addressing the merits.
Summary
Mukeshkumar Shah filed an anticipatory bail application before the Bombay High Court. The State of Maharashtra raised a contention that an antecedent fact was not disclosed in the application. In response, the applicant's counsel, Mr. Ajay A. Joshi, requested that the anticipatory bail application be withdrawn and that the applicant be given liberty to file a fresh application. The Court permitted the withdrawal and ordered the application to be disposed of, expressly stating that it had not examined any merits of the case. All substantive issues remain open for future consideration.
Issues considered
- Whether an anticipatory bail application may be withdrawn at the request of the applicant.
- Whether the court can allow a fresh anticipatory bail application after withdrawal.
Subjects
- anticipatory bail
- withdrawal
- criminal procedure
- procedural law
Judgment
915.ABA-1726.26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1726 OF 2026
Digitally signed
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR
Date: 2026.10.07
Mukeshkumar Shah … Applicant
11:19:29 +0530
V/s.
State of Maharashtra & Anr. …. Respondents
______________________
Mr. Ajay A. Joshi, for the Applicant.
Mr. P. P. Jadhav, APP, for the Respondent No.1-State.
Mr. A. M. Sarogi, for Respondent No.2.
Mr. Suraj Bendre, P. I. attached to Bibawewadi Police Station, Pune
City present.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 6 OCTOBER 2026
P. C. :-
1. At the outset, learned APP appearing for the Respondent-
State points out that there is one antecedent which has not been
disclosed in the Anticipatory Bail Application.
2. In view of the said contention raised by the learned APP, Mr.
Joshi, learned counsel appearing for the Applicant seeks
withdrawal of the Anticipatory Bail Application with liberty to file
fresh Anticipatory Bail Application.
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915.ABA-1726.26.DOC
3. Accordingly, the Anticipatory Bail Application is allowed to
be withdrawn and disposed of as such with liberty as sought for.
4. It is clarified that this Court has not considered merits and
all contentions on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
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