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Bombay High Court

SANTOSH BABAN DASWADKAR AND ANRversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court allowed the withdrawal of the anticipatory bail application and disposed of it without addressing the merits.

Summary

The applicants filed an anticipatory bail application in the High Court of Bombay. The State counsel and intervenor highlighted that an earlier criminal case (C.R. No.121 of 2024) against the first applicant had not been disclosed in the application. The applicants then sought to withdraw the anticipatory bail application and requested liberty to file a fresh one. The Court permitted the withdrawal, disposed of the anticipatory bail application, and also dismissed the interim application, noting that it had not examined any merits. All substantive issues on merits remain open for future consideration.

Issues considered

  • Whether an anticipatory bail application can be withdrawn upon the applicant's request.
  • Whether the non-disclosure of a pending criminal case affects the continuance of the anticipatory bail application.

Subjects

  • anticipatory bail
  • withdrawal
  • non-disclosure
  • Criminal Procedure Code
  • high court

Judgment

                                                                          904.ABA-2069.26.DOC




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               Digitally signed
               by PRACHI
PRACHI
PRANESH
               PRANESH
               NANDIWADEKAR
                                         CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
               Date: 2026.09.02
               11:51:31 +0530     ANTICIPATORY BAIL APPLICATION NO. 2069 OF 2026

                       Santosh Baban Daswadkar & Anr.               … Applicants
                       V/s.
                       State of Maharashtra                         …. Respondent
                                             ______________________
                       Mr. Akash Kavade a/w Ms. Ankita Rathod i/b S. K. Legal Associates
                       LLP, for the Applicants.
                       Ms. M. R. Tidke, APP for the Respondent-State.
                       Mr. Abhishek Yende a/w Mr. Sagar Paspohe i/by Yende Legal
                       Associates for the Original Complainant/Intervenor.
                                                   ______________________


                                                   CORAM : MADHAV J. JAMDAR, J.
                                                   DATED : 1 SEPTEMBER 2026
                       P. C. :-

                       1.         Ms. Tidke, learned APP appearing for the Respondent-State

                       and Mr. Yende, learned counsel appearing for the Intervenor has

                       pointed out on earlier occasion that there is one antecedent being

                       C. R. No.121 of 2024 registered with Velha Police Station, Pune

                       Rural against the Applicant No.1 and the same has not been

                       disclosed in the Anticipatory Bail Application.




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                                                 904.ABA-2069.26.DOC




2.    In view of the aforesaid contention, the learned counsel

appearing for the Applicants seeks withdrawal of the Anticipatory

Bail Application with liberty to file fresh Anticipatory Bail

Application.


3.    Accordingly, Anticipatory Bail Application is allowed to be

withdrawn and disposed of as such, with liberty as sought.


4.    In view of withdrawal of the Anticipatory Bail Application,

nothing survives in the Interim Application and the same is also

disposed of.


5.    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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