Bombay High Court
SATHYA B JAVARASHETTI ALIAS SATISH SHETTYversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court permitted the withdrawal of the anticipatory bail application and granted liberty to file a fresh application before the Sessions Court.
Summary
The applicant, Sathya B. Javarashetti alias Satish Shetty, filed an anticipatory bail application before the Bombay High Court. After bail was granted to other co-accused, the applicant's counsel sought permission to withdraw the pending application and file a fresh one before the Sessions Court, invoking the principle of parity. The learned counsel argued that the circumstances had changed, making the original application redundant. The Court examined whether procedural rules permit such withdrawal and subsequent re‑filing in a lower court. Finding no legal impediment, the Court allowed the withdrawal and granted liberty to file a fresh application before the Sessions Court. Consequently, the anticipatory bail application was withdrawn with liberty to approach the Sessions Court.
Issues considered
- Whether the applicant may withdraw an anticipatory bail application pending before the High Court
- Whether the applicant can file a fresh anticipatory bail application before the Sessions Court after withdrawal
Subjects
- anticipatory bail
- withdrawal
- parity
- criminal procedure
- High Court
Judgment
923-ABA-2130-2026.odt
Priyanka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2130 OF 2026
Sathya B. Javarashetti alias
Satish Shetty ...Applicant
V/S.
State Of Maharashtra ...Respondent
_______________________________
Mr. Prabhanjay R. Dave a/w Mr. Tanmay R. Tendulkar & Mr. Shankar
Digitally
K. Ambhure for the Applicant.
signed by
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
Mr. Arfan Sait, APP for the Respondent – State.
2026.09.02
10:22:21
+0530
Mr. Deepak Hol, PSI, Pairavi Officer, Dr. D. B. Marg Police Station,
Present.
_______________________________
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 1ST SEPTEMBER, 2026.
P.C. :-
1. Heard Mr. Dave, learned counsel for the applicant.
2. In view of the grant of bail to other accused persons, learned
counsel for the applicant seeks leave to withdraw instant application,
with liberty to file a fresh application before the Sessions Court on the
ground of parity.
3. Accordingly, the applicant is permitted to withdraw the
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923-ABA-2130-2026.odt
present application with liberty to file appropriate application before
the Sessions Court.
(PRAFULLA S. KHUBALKAR, J.)
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