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Bombay High Court

ABDUL RASHID HAMID ANSARIversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The anticipatory bail application was withdrawn, with liberty to file a fresh application before the Sessions Court.

Summary

Abdul Rashid Hamid Ansari applied for anticipatory bail before the High Court after the Additional Sessions Court had rejected his bail application on 15 September 2026. The charge-sheet against him was filed later on 19 September 2026, prompting the High Court to hold that it could not entertain the merits of the bail application because the procedural sequence had changed. The Court directed the applicant to file a fresh application before the Sessions Court. On the applicant’s request, the High Court allowed the withdrawal of the present application, granting liberty to file an appropriate application before the Sessions Court. The application was therefore disposed of as withdrawn.

Issues considered

  • Whether the High Court can entertain an anticipatory bail application after the charge-sheet has been filed following an earlier rejection by the Sessions Court.
  • Whether the applicant should file a fresh anticipatory bail application before the Sessions Court.

Subjects

  • anticipatory bail
  • withdrawal
  • charge-sheet
  • jurisdiction
  • High Court

Judgment

2026:BHC-AUG:46436




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                     11 ANTICIPATORY BAIL APPLICATION NO. 1881 OF 2026

                                  ABDUL RASHID HAMID ANSARI
                                              VERSUS
                                  THE STATE OF MAHARASHTRA
                                                 ...
           Mr. R. N. Dhorde, Senior Advocate i/b Mr. M. P. Tripathi, Advocate for
           Applicant
           Mr. S. B. Jadhav, APP for the Respondent/State

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED    : 5th OCTOBER, 2026

           PER COURT :-

           1.    Heard.


           2.    Learned Senior Advocate for the Applicant makes submissions on the

           merits of the case. However, this Court does not find it appropriate to consider

           the submissions advanced on merits, for the reason that the learned

           Additional Sessions Court rejected the bail application on 15.09.2026,

           whereas the charge-sheet came to be filed on 19.09.2026. In view of the

           subsequent filing of the charge-sheet, this Court is of the view that it would be

           appropriate for the Applicant to move an application before the learned

           Sessions Court.


           3.    Learned Senior Advocate for the Applicant, on instructions, seeks leave



           11 ABA 1881.2026.odt                                                       1 of 2
to withdraw the present application with liberty to file an appropriate

application before the learned Sessions Court.


4.    In view of the above, the application stands disposed of as withdrawn

with liberty as prayed for. The learned Sessions Court shall consider the said

application on its own merits.


                                                    ( R. M. JOSHI, J.)
ssp




11 ABA 1881.2026.odt                                                     2 of 2


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