Bombay High Court
FALAK FURNITUREWALAversusTHE STATE OF MAHARASHTRA AND ANR D
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The High Court allowed the withdrawal of the anticipatory bail application, granting liberty to file a fresh application before the Sessions Court with full disclosure of criminal antecedents.
Summary
Falak Furniturewala filed an anticipatory bail application before the Sessions Court, which was rejected on the ground that he failed to disclose his criminal antecedents. The Sessions Court, however, directed him to file a fresh application with full disclosure, citing the Supreme Court’s decision in Zeba Khan v. State of Uttar Pradesh. The applicant subsequently approached the Bombay High Court seeking permission to withdraw the pending anticipatory bail application and to re‑file a fresh one before the Sessions Court. The High Court examined the lower court’s observations and the requirement of disclosure under the Supreme Court precedent. It held that the applicant could withdraw the present application and was free to file a new one with the required disclosures. Accordingly, the High Court permitted the withdrawal of the anticipatory bail application.
Issues considered
- Whether an anticipatory bail application rejected for non‑disclosure can be withdrawn and a fresh application filed after complying with disclosure requirements
- Whether the applicant must disclose all criminal antecedents as mandated by the Supreme Court in Zeba Khan v. State of Uttar Pradesh
Subjects
- anticipatory bail
- withdrawal
- criminal antecedents
- disclosure
- High Court
- Sessions Court
- Zeba Khan case
Judgment
901-aba2207-26.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2207 OF 2026
Falak Furniturewala ...Applicant
V/s.
State of Maharashtra & Anr. ...Respondents
Mr.Pradyumna D. Sharma with Nishi N. Jain for the Applicant.
Ms.Megha S. Bajoria, APP for the Respondent – State.
Mr.Ravi Jadhav with Mr.Jaikumar N. Shiradhonkar for Respondent
No.2.
Mr.Taher Patel, API, Bandra Police Station, Mumbai is present in
Court.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 25TH AUGUST, 2026.
P.C. :-
1. Before any submissions could be advanced by learned
counsel for applicant, learned APP invited my attention to the order
passed by the Sessions Court on 31st July, 2026 in Anticipatory Bail
Application No.790 of 2026 in the applicant’s matter and has pointed
out that the application for anticipatory bail was rejected being not
tenable in view of the applicants suppression of criminal antecedents.
She invited my attention to paragraph 11 of the order passed by the
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901-aba2207-26.doc
Sessions Court, in which the applicant has been granted liberty to file
a fresh application with necessary compliance about the disclosure of
criminal antecedents.
2. In view of the observations of the Sessions Court in
paragraph 11 of the order, it is clarified that the applicant is permitted
to file a fresh application before the Sessions Court by disclosing all
criminal antecedents as required by the judgment of the Hon’ble
Supreme Court in the matter of Zeba Khan vs. State of Uttar Pradesh,
2026 SC OnLine SC 188.
3. In view of this, learned counsel for applicant seeks
permission to withdraw the instant application with liberty to file a
fresh application before the Sessions Court. Accordingly, the instant
application is permitted to be withdrawn with liberty as prayed for.
(PRAFULLA S. KHUBALKAR, J.)
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