Bombay High Court
VAIKUNTH PANDEYversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail applications were held to be infructuous and were disposed of because the FIR had been quashed.
Summary
The Court noted that FIR No. 123 of 2026, the basis of several anticipatory bail applications filed by Vaikunth Pandey, Venugopal @ Kiran Prabhuram Joshi, Sanjay Prabhuram Joshi, and Aslam Adam Sorathia, had been quashed by an order dated 14 August 2026 in Criminal Writ Petition No. 1650 of 2026. The learned counsel for the applicants argued that, in view of the quashing of the FIR, the anticipatory bail applications became moot. The Court agreed, holding that there was no longer any pending criminal proceeding to justify anticipatory bail. Consequently, all the applications were declared infructuous and disposed of. The decision underscores that anticipatory bail cannot be entertained where the underlying FIR has been set aside.
Issues considered
- Whether anticipatory bail can be granted when the FIR on which it is based has been quashed
Subjects
- anticipatory bail
- FIR quash
- criminal procedure
- bail jurisdiction
- mootness
Judgment
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904 - ABA 1810 OF 2026.doc
Digitally signed
by KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
MAYEKAR
VINOD Date:
MAYEKAR 2026.08.25
20:11:27
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1810 OF 2026
VAIKUNTH PANDEY ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 1488 OF 2026
VENUGOPAL @ KIRAN PRBHURAM JOSHI ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 1487 OF 2026
SANJAY PRABHURAM JOSHI ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 1751 OF 2026
ASLAM ADAM SORATHIA ….. APPLICANT
VS
THE STATE OF MAHARASHTRA & ANR. ….. RESPONDENTS
Adv. Vishwali V. Botle h/f. Adv. A. R. Gole for the Applicants.
Mr. Ashok S. Gawai, APP for Respondent – State in ABA/1810/2026.
Mr. Arfan Sait, APP for Respondent – State in ABA/1488/2026.
Ms. Poonam P. Bhosale, APP for Respondent – State in
ABA/1487/2026.
Ms. Megha S. Bajoria, APP for Respondent – State in ABA/1751/2026.
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904 - ABA 1810 OF 2026.doc
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 25TH AUGUST, 2026.
P.C. :-
1. Learned counsel for the applicant states that the FIR No.
123 of 2026, with respect to which the instant applications for
anticipatory bail are filed, is already quashed by this Court by order
dated 14th August, 2026 in Criminal Writ Petition No. 1650 of 2026
and in view of this, she states that the instant applications have
become infructuous.
2) In view of this, all these applications are disposed of as
infructuous.
[PRAFULLA S. KHUBALKAR, J.]
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