Bombay High Court
SHAMA PAWAR ALIAS SHAMA NASIR SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court allowed the withdrawal of the anticipatory bail application and permitted the filing of a fresh application.
Summary
Shama Pawar filed an anticipatory bail application, but the State of Maharashtra pointed out that a second antecedent (CR No.102 of 2026) was not disclosed. The applicant’s counsel sought permission to withdraw the existing application and file a fresh one. The Court granted leave to withdraw the anticipatory bail application, while keeping all contentions of both parties open for consideration. It also ordered that no coercive action be taken against the applicant until 7 September 2026. The matter was thus left pending for a fresh application.
Issues considered
- Whether an anticipatory bail application can be withdrawn and a fresh one filed when an antecedent is omitted
- Whether non-disclosure of a pending case (CR No.102) affects the grant of anticipatory bail
Subjects
- anticipatory bail
- withdrawal
- non-disclosure
- criminal procedure
Judgment
909.ABA-2193.26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2193 OF 2026
Shama Pawar alias Shama Nasir Shaikh … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Vaibhav Ugle a/w Mr. Prashant Mahajan, Mr. Vikas
Digitally signed
by PRACHI
Somawanshi and Mr. Onkar Sonawane, for the Applicant.
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.08.21
12:44:09 +0530
Ms. S. M. Yadav, APP for the Respondent-State.
Mr. Amit Takawde, API attached to Dapodi Police Station, Pimpari
Chinchwad present.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 20 AUGUST 2026
P. C. :-
1. At the outset, Ms. Yadav, learned APP appearing for the
Respondent-State states that although one antecedent has been
disclosed in the anticipatory bail application, the other antecedent
bearing C.R. No.102 of 2026 registered with Dapodi Police Station,
Pimpari Chinchwad has not been disclosed in this anticipatory bail
application.
Page 1
PPN
909.ABA-2193.26.DOC
2. In view of the said contention raised by the learned APP,
Mr.Vaibhav Ugle, learned counsel appearing for the Applicant seeks
leave to withdraw the Anticipatory Bail Application with liberty to
file fresh Anticipatory Bail Application.
3. Accordingly, leave as aforesaid is granted.
4. All the contentions of both the sides in the Anticipatory Bail
Application are expressly kept open.
5. No coercive steps be taken against the Applicant till 7
September 2026.
[MADHAV J. JAMDAR, J.]
Page 2
PPN
Checking your session…