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- Whether an anticipatory bail application can be withdrawn upon the applicant's request.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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