Bombay High Court

SURESH B PATELversusSTATE OF MAHARASHTRA

Decided: 3 September 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application may be withdrawn, with liberty to file a fresh application disclosing the omitted criminal antecedents.

Summary

Suresh B. Patel filed an anticipatory bail application before the Bombay High Court. During preliminary proceedings, counsel for the applicant disclosed that the affidavit filed with the application omitted his criminal antecedents. The applicant sought permission to withdraw the pending anticipatory bail application and requested liberty to file a fresh application with full disclosure of his criminal record. The learned judge examined the procedural propriety of such a withdrawal. Finding no impediment, the court allowed the withdrawal and granted the applicant liberty to re‑file a new application disclosing all antecedents. No merits of the bail claim were decided.

Issues considered

Whether an anticipatory bail application can be withdrawn after filing when the applicant has omitted disclosure of criminal antecedents.

Subjects

anticipatory bail
withdrawal of application
criminal antecedents
procedural law
High Court

Judgment

                                                       8-ABA-2218-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 2218 OF 2026
Suresh B. Patel                                          …Applicant
      Versus
The State of Maharashtra                                 …Respondent


Adv. Harshad Bhadbhade i/b SHB Legal, for the Applicant.

Mrs. Geeta P. Mulekar, A.P. P., for the Respondent – State.



                         CORAM :          PRAFULLA S. KHUBALKAR, J.
                         DATE        :     3RD SEPTEMBER 2026
P. C:-

1.          Before any arguments are advanced on merits, learned

counsel for applicant fairly states that the applicant has not

disclosed criminal antecedents on affidavit and on this count, he

requests for permission to withdraw the instant application with

liberty to file fresh application by disclosing all the criminal

antecedents on affidavit.

2.          Application is permitted to be withdrawn with liberty as

prayed for.




                                           (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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                              3 September 2026

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