Bombay High Court

KAMLESH SAINI S/O DARA SINGHversusSTATE OF MAHARASHTRA

Decided: 1 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court held that an anticipatory bail application can be withdrawn and the applicant may file a fresh application with the requisite documents.

Summary

The applicant, Kamlesh Saini, filed an anticipatory bail application before the Bombay High Court. He later discovered that the necessary supporting documents could not be annexed to the original filing. Consequently, he sought the Court's permission to withdraw the pending application and to file a fresh one with the required documents. The learned counsel for the respondent, the State of Maharashtra, opposed the withdrawal. The Court examined whether a pending anticipatory bail application could be withdrawn at the applicant's request. Finding no legal impediment, the Court allowed the withdrawal and granted liberty to file a fresh application. The order was pronounced by Justice Prafula S. Khubalkar on 1 September 2026.

Issues considered

Whether an anticipatory bail application may be withdrawn by the applicant and a fresh application filed thereafter

Subjects

anticipatory bail
withdrawal of application
criminal procedure
Bombay High Court
fresh application

Judgment

                                                      503-ABA-1924-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 1924 OF 2026

Kamlesh Saini S/o Dara Singh                              ...Applicant
            V/S.
State Of Maharashtra                                      ...Respondent
_____________________________________________________________
Adv. Abhay Singh, for the Applicant.
Adv. Afran Sait, APP for the Respondent – State.
________________________________________________________
                       CORAM : PRAFULLA S. KHUBALKAR, J.
                       DATE : 01st SEPTEMBER, 2026.

P.C. :-

1.         Learned counsel for the applicant states that the relevant

documents could not be annexed to this application and therefore seeks

permission to withdraw the instant application with liberty to file fresh

application by annexing all the relevant documents.

2.         Application is permitted to be withdrawn with liberty as prayed

for.




                                     (PRAFULLA S. KHUBALKAR, J.)



                                    1/1

Continue reading with your account

Checking your session…