Bombay High Court

IBTESAMUL HAQUE IBRAHIM SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided: 3 September 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application was disposed of as withdrawn.

Summary

The applicant filed an anticipatory bail application, claiming that the dispute with the complainant had been settled and that a C-summary had already been filed before the Magistrate's Court. The respondent State confirmed the filing of the C-summary and acknowledged the settlement, indicating no risk of arrest. The applicant’s counsel then sought permission to withdraw the anticipatory bail application. The court, noting the settlement and the existence of the C-summary, allowed the withdrawal. Consequently, the application was disposed of as withdrawn.

Issues considered

Whether an anticipatory bail application should be entertained when the dispute between complainant and accused is settled and a C-summary has been filed.
Whether the applicant may withdraw the anticipatory bail application at the stage of hearing.

Subjects

anticipatory bail
criminal procedure
settlement of dispute
C-summary
withdrawal of application

Judgment

                                                 915-ABA-1979-2026.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 1979 OF 2026


Ibtesamul Haque Ibrahim Shaikh                            ...Applicants

           V/S.

State Of Maharashtra And Anr.                             ...Respondents

_____________________________________________________________

Adv. Tohid Shaikh i/b Rafiq Gori, for the Applicant.

Adv. Ashok S. Gawai, APP for the Respondent – State.

Adv. Prashant M., for the Respondent No.2.

PSI – Mr. Sunil Khaire, Bangur Nagar Police Station, Mumbai is present.

________________________________________________________

                      CORAM : PRAFULLA S. KHUBALKAR, J.
                      DATE : 03RD SEPTEMBER, 2026.

P.C. :-


1.         The Learned counsel for the applicant states that the dispute

is settled in between the complainant and the applicant. He also states

that although some investigation was conducted, the investigating


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                                                 915-ABA-1979-2026.odt

officer has filed C-summary before the Magistrates Court.


2.         Learned APP for the respondent also confirms the position that

C-summary is already filed. Thus, in view of the fact that the dispute is

already settled in between the complainant and the accused and since C-

summary is already filed, there is no apprehension of arrest.


3.         Considering all the above aspects, particularly the fact that the

C-summary is filed, learned counsel for the applicant seeks leave to

withdraw the application.


4.         Accordingly, application is disposed of as withdrawn.


                                    (PRAFULLA S. KHUBALKAR, J.)




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