Bombay High Court
MOHAN THOMASversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail application is disposed of as withdrawn, with liberty to file a proper application before the Sessions Court.
Summary
Mohan Thomas filed an anticipatory bail application before the Bombay High Court without first approaching the Sessions Court after the registration of FIR No. 292 of 2026. The State counsel highlighted this procedural lapse and the applicant's counsel sought permission to withdraw the application and instead file a proper application before the Sessions Court. The Court allowed the withdrawal, disposing of the anticipatory bail application with liberty to re‑file appropriately. Consequently, the related interim application was also disposed of. No merits of the bail claim were examined.
Issues considered
- Whether an anticipatory bail application can be filed directly before the High Court without first filing before the Sessions Court after FIR registration
- Whether the applicant may be permitted to withdraw the anticipatory bail application and re‑file before the appropriate lower court
Subjects
- anticipatory bail
- withdrawal of application
- procedural requirement
- high court jurisdiction
- sessions court
Judgment
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903 - ABA 2140 OF 2026.doc
Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.09.17
18:21:46
+0530 CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2140/2026
MOHAN THOMAS ….. APPLICANT
VS
THE STATE OF MAHARASHTRA & ANR. ….. RESPONDENTS
ALONGWITH
INTERIM APPLICATION NO. 2845/2026
IN
ANTICIPATORY BAIL APPLICATION NO. 2140/2026
NARENDRA RAMNIRANJAN JAIN ….. FIRST INFORMANT/
INTERVENER
IN THE MATTER OF
MOHAN THOMAS ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Viquar Rajguru for the Applicant.
Mr. Aabad Ponda, Senior Advocate a/w. Adv. Mahesh Ahire, Adv.
Drishti Singh, Adv. Kush Agarwal, Adv. Soumyajoti Lodh i/b. MZM
Legal LLP for the Intervenor.
Mr. Bapu Holambe Patil, APP for the Respondent – State.
PSI. N. More, N.M.Joshi Marg Police Station present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 17TH SEPTEMBER, 2026
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P.C. :-
1) After the learned counsel for the respondent pointed out
that the instant application is filed by the applicant directly before this
Court, without filing any application before the Sessions Court after
registration of the FIR, learned counsel for the applicant seeks leave to
withdraw the instant application with liberty to file an appropriate
application before the Sessions Court for anticipatory bail in FIR No.
292 of 2026.
2) The instant application is disposed of as withdrawn with
liberty as prayed for.
3) In view of the disposal of the Anticipatory Bail
Application, Interim Application also stands disposed of.
[PRAFULLA S. KHUBALKAR, J.]
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