Bombay High Court
PRIYANKA S. C/O L SATHYANARAYAN AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail application is permitted to be withdrawn with liberty to file a fresh application after full disclosure of criminal antecedents.
Summary
The applicants filed an anticipatory bail application and later sought to withdraw it, requesting liberty to file a fresh application after fully disclosing their criminal antecedents, in line with the Supreme Court’s decision in Zeba Khan v. State of U.P. (2026). The learned counsel argued that withdrawal was permissible provided the applicants complied with the disclosure requirement. The Court examined whether such withdrawal with liberty to re‑apply was within its jurisdiction. Relying on the Supreme Court precedent, the Court held that the withdrawal could be allowed with the condition of full disclosure. Consequently, the application was permitted to be withdrawn and the applicants were granted liberty to file a fresh application after complying with the disclosure requirement.
Issues considered
- Whether an anticipatory bail application may be withdrawn with liberty to file a fresh application after disclosing criminal antecedents.
Subjects
- anticipatory bail
- withdrawal of application
- criminal antecedents
- Supreme Court precedent
- bail jurisprudence
Judgment
KVM
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503 - ABA 2111 OF 2026.doc
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.10.06
19:44:46
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2111/2026
PRIYANKA S.,
C/O. L. SATHYANARAYAN & ANR. ….. APPLICANTS
VS
THE STATE OF MAHARASHTRA …. RESPONDENT
Adv. Sandeep Mishra a/w. Adv. Madhura Mulay for the Applicants.
Mr. Bapu Holambe Patil, APP for the Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 6TH OCTOBER, 2026
P.C. :-
1) Learned counsel for the applicant seeks permission to
withdraw the instant application with liberty to file fresh application
after disclosing all the criminal antecedents in accordance with the
judgment of Hon’ble Supreme Court in the matter of Zeba Khan vs.
State of U.P., 2026 SCC OnLine SC 188.
2) Accordingly the application is permitted to be withdrawn
with liberty as prayed for.
[PRAFULLA S. KHUBALKAR, J.]
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