Bombay High Court
SHANKAR EAKNATH SUTARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application with full details.
Summary
Shankar Eknath Sutar filed an anticipatory bail application against the State of Maharashtra, but the application merely mentioned that there were four antecedents without providing any details. The State counsel pointed out this deficiency. The applicant's counsel sought permission to withdraw the flawed application and to file a fresh one with full particulars of the antecedents. The Court allowed the withdrawal and ordered the application to be disposed of, granting liberty to re‑file, while expressly stating that it had not examined the merits of the case. All substantive issues remain open for consideration in any subsequent application.
Issues considered
- Whether an anticipatory bail application lacking details of antecedent offences can be withdrawn and a fresh application filed.
Subjects
- anticipatory bail
- withdrawal
- procedural deficiency
- criminal procedure
- Bail
Judgment
22-ABA-2011-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CRIMINAL APPELLATE JURISDICTION
signed by
SONALI ANTICIPATORY BAIL APPLICATION NO.2011 OF 2026
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.09
10:59:03
+0530 Shankar Eknath Sutar …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Ghansham Jadhav, for the Applicant.
Mr. Shahaji Shinde, ‘B’ Panel Counsel a/w. Mr. S. G. Ghag, APP, for
the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 7th SEPTEMBER 2026
PC:-
1. At the outset, Mr. Shinde, learned ‘B’ Panel Counsel states
that although there are four antecedents against the Applicant, no
details have been mentioned in the Anticipatory Bail Application,
except stating that there are antecedents.
2. In view of the above contention, Mr. Jadhav, learned Counsel
appearing for the Applicant seeks withdrawal of the Anticipatory
Bail Application with liberty to file a fresh Anticipatory Bail
Application by giving all the details of the antecedents against the
Applicant.
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22-ABA-2011-2026.DOC
3. Accordingly, the Anticipatory Bail Application is allowed to
be withdrawn and disposed of as such by granting liberty as
sought.
4. It is clarified that this Court has not considered the merits
and all contentions on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
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