Bombay High Court
SANDEEP ASHOK BARIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
An anticipatory bail application becomes infructuous if the applicant is already in custody.
Summary
The applicant, Sandeep Ashok Bari, filed an anticipatory bail application before the Bombay High Court. While the application was pending, the applicant was arrested on 3 September 2026, as confirmed by the investigating officer. Both the applicant's counsel and the State's counsel acknowledged the arrest. The court held that an anticipatory bail application cannot proceed once the applicant is already in custody, rendering it infructuous. Consequently, the court disposed of the application without granting bail.
Issues considered
- Whether an anticipatory bail application can be entertained when the applicant is already arrested
Subjects
- anticipatory bail
- infructuous application
- bail
- criminal procedure
- High Court
Judgment
KVM
1/1
901 - ABA 2063 OF 2026.doc
Digitally
KANCHAN
signed by
KANCHAN
VINOD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD MAYEKAR
MAYEKAR Date:
2026.09.09
20:41:17
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2063/2026
SANDEEP ASHOK BARI ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Tapan Thatte (Thr. V.C.) for the Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
Mr.Girme, PI a/w. Ms.Pradnya Kalgutkar, ASI, Vanrai Police Station,
Mumbai present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 9TH SEPTEMBER, 2026
P.C. :-
1) Learned APP on instructions from the Investigating
Officer states that the applicant is arrested on 3 rd September, 2026 and
the instant application has become infructuous.
2) Learned counsel for the applicant also states that the
applicant is already arrested.
3) In view of this, the instant application is disposed of as
infructuous.
[PRAFULLA S. KHUBALKAR, J.]
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