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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Disposed off as Withdrawn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  • Whether an anticipatory bail application rejected for non‑disclosure can be withdrawn and a fresh application filed after complying with disclosure requirements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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