Bombay High Court

IRFAN BABUMIYA BAGWANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: MEHROZ K PATHAN

Holding

The court held that it may permit the withdrawal of an anticipatory bail application and accordingly disposed of the application as withdrawn.

Summary

The applicant, Irfan Babumiya Bagwan, filed an anticipatory bail application before the High Court of Bombay, Aurangabad Bench. The applicant's counsel later sought permission to withdraw the application, stating that the accused had already been arrested. The court considered whether it could permit the withdrawal of an anticipatory bail application after arrest. The judge granted permission to withdraw the application. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

What is the court's jurisdiction to allow withdrawal of an anticipatory bail application after the accused has been arrested?

Subjects

anticipatory bail
withdrawal of application
criminal procedure
high court

Judgment

2026:BHC-AUG:15063

                                            1                       973.ABA-214-2026.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                     ANTICIPATORY BAIL APPLICATION NO. 214 OF 2026

                             IRFAN BABUMIYA BAGWAN
                                     VERSUS
                     THE STATE OF MAHARASHTRA AND ANOTHER

                                          …
                      Advocate for Applicant : Mrs. Lomte Ashwini Annasaheb

                       APP for Respondents/State : Mr. K. K. Naik
                                          …
                                        CORAM : MEHROZ K. PATHAN, J.
                                           DATE : 8th APRIL 2026
              PER COURT :
              1.         The learned Counsel for the Applicant seeks permission to
              withdraw the application, as the accused is arrested.


              2.         Permission is granted.


              3.         The application is disposed of as withdrawn.




                                                          MEHROZ K. PATHAN
                                                              JUDGE




   NAJEEB..

Continue reading with your account

Checking your session…