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Bombay High Court

ASHUTOSH PANDEY S/O UMESH PANDEYversusDIRECTORATE GENERAL OF GST INTELLIGENCE AND ANR

Decided
Disposal
Disposed off as Withdrawn

Holding

The court granted permission to withdraw the anticipatory bail application, allowing the applicant liberty to file a fresh application if a Section 69 notice is served.

Summary

Ashutosh Pandey filed an anticipatory bail application before the Bombay High Court against the Directorate General of GST Intelligence. After the Supreme Court delivered its judgment in Union of India v. Sunil Biyani (SLP (Cri) No. 12535 of 2026, 12 August 2026), the applicant sought the court's permission to withdraw his anticipatory bail application, reserving the right to file a fresh one if a notice under Section 69 of the Central Goods and Services Tax Act, 2017 is served. The learned counsel argued that the Supreme Court decision altered the legal landscape, justifying withdrawal. The bench, after considering the request and the precedent, granted permission to withdraw the application. Consequently, the anticipatory bail application was disposed of as withdrawn with liberty to file a fresh application if needed.

Issues considered

  • Whether the applicant may be permitted to withdraw an anticipatory bail application after a Supreme Court judgment.
  • Whether the withdrawal can be conditioned on the service of a notice under Section 69 of the Central Goods and Services Tax Act, 2017.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of application
  • GST
  • Section 69
  • Supreme Court precedent

Judgment

                     KVM
                                                        1/1
                                                                          902 - ABA 1854 OF 2026.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        Digitally
        signed by
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR                       CRIMINAL APPELLATE JURISDICTION
MAYEKAR Date:
        2026.08.21
        17:40:17
        +0530
                               ANTICIPATORY BAIL APPLICATION NO. 1854 OF 2026

                     ASHUTOSH PANDEY S/O UMESH PANDEY                   ….. APPLICANT
                          VS
                     DIRECTORATE GENERAL OF GST
                     INTELLIGENCE & ANR.                                ….. RESPONDENTS

                     Adv. Dashang Doshi i/b. Dewani Associates for the Applicant.
                     Adv. Shyamrishi Pathak a/w. Adv. Sangeeta Yadav, Adv. Umesh Gupta,
                     Adv. Jyoti R. Barai for the Respondent No.1.
                     Mr. Arfan Sait, APP for the Respondent – State.

                                               CORAM : PRAFULLA S. KHUBALKAR, J.
                                               DATE : 21ST AUGUST, 2026

                     P.C. :-

                     1)            In view of the judgment of Hon’ble Supreme Court in the

                     matter of Union of India vs. Sunil Biyani in SLP (Cri) No. 12535 of

                     2026 dated 12th August, 2026, learned counsel for the applicant seeks

                     permission to withdraw the instant application with liberty to file

                     fresh application, in case an order under Section 69 of the Central

                     Goods and Services Tax Act, 2017 is served upon the applicant.

                     2)            Permission is granted.

                     3)            Application is disposed of as withdrawn with liberty as

                     prayed for.

                                                              [PRAFULLA S. KHUBALKAR, J.]


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