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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Allowed To be withdrawn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  • Whether an anticipatory bail application can be withdrawn and a fresh one filed when an antecedent is omitted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.]




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