Bombay High Court

AFROZ MOHD. SIRAJ SHAIKHversusSTATE OF MAHARASHTRA

Decided: 29 August 2026
Disposal: Disposed off as Withdrawn

Holding

The Court allowed the applicant to withdraw the anticipatory bail application and granted liberty to file a fresh application after disclosing all criminal antecedents.

Summary

Afroz Mohd. Siraj Shaikh applied for anticipatory bail before the Bombay High Court. The applicant was required to file an affidavit disclosing any criminal antecedents by 10 July 2026, as per procedural requirements. He failed to file the affidavit within the stipulated time. The applicant's counsel sought permission to withdraw the bail application and to re‑file a fresh application after disclosing the antecedents, relying on the Supreme Court decision in Zeba Khan v. State of Uttar Pradesh. The Court granted permission to withdraw the present application and allowed the applicant liberty to file a new application with the required disclosure. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

What is the consequence of the applicant's failure to file the required affidavit disclosing criminal antecedents?
Whether the applicant may be permitted to withdraw the anticipatory bail application and re‑file a fresh application after making the required disclosure.

Subjects

anticipatory bail
criminal antecedents
affidavit
withdrawal of application
procedural compliance

Judgment

                                                        944-ABA-1734-2026.odt

Harish

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 1734 OF 2026

Afroz Mohd. Siraj Shaikh                                      ...Applicant
            V/S.
The State Of Maharashtra                                      ...Respondent
_____________________________________________________________
Adv. Pramod Pandey, for the Applicant.
Adv. Prasanna P. Malashe , APP for the Respondent – State.
PSI – Mr. Santosh Jadhav, Deonar Police Station is present.
________________________________________________________
                CORAM : PRAFULLA S. KHUBALKAR, J.
                DATE : 29th AUGUST, 2026.

P.C. :-

1.         Although by order dated 08th July, 2026, the applicant has sought

permission to file a fresh affidavit for disclosing the criminal antecedents,

which was to be filed before 10 th July, 2026, no such affidavit is filed on

record.

2.         Learned APP has submitted that there is no disclosure of criminal

antecedents in accordance with the judgment of Hon’ble Supreme Court in

the matter of Zeba Khan Versus State of Uttar Pradesh, 2026 SCC

Online SC 188. In view of this, learned counsel for the applicant seeks

permission to withdraw the instant application with liberty to file fresh


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                                                       944-ABA-1734-2026.odt

application after disclosing all the criminal antecedents on affidavit.

Permission is granted.

3.        The instant application is disposed of as withdrawn with liberty as

prayed for.




                                     (PRAFULLA S. KHUBALKAR, J.)




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