Bombay High Court

SAJAN VIJAY SHINDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED

Holding

An anticipatory bail application becomes infructuous upon the death of the applicant and must be dismissed.

Summary

The applicant, Sajan Vijay Shinde, filed an anticipatory bail application (No. 2297 of 2025) along with a criminal application (No. 339 of 2026) before the Bombay High Court, Aurangabad Bench. During the hearing, the applicant’s counsel informed the court that the applicant had died. The court held that the death of the applicant rendered the application infructuous, as no relief could be granted posthumously. Consequently, the court dismissed the anticipatory bail application as infructuous. The pending application, if any, was also disposed of.

Issues considered

What is the effect of the applicant's death on a pending anticipatory bail application?

Subjects

anticipatory bail
death of applicant
infructuous application
criminal procedure

Judgment

2026:BHC-AUG:39959




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                     1020 ANTICIPATORY BAIL APPLICATION NO. 2297 OF 2025
                         WITH CRIMINAL APPLICATION NO. 339 OF 2026

                                         SAJAN VIJAY SHINDE
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
           Mr. Nilesh N. Bhagwat, Advocate for Applicant
           Mr. S. P. Joshi, APP for the Respondent/State
           Mr. S. S. Rathi, Advocate for the informant

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED    : 2nd SEPTEMBER, 2026

           PER COURT :-

           1.    Mentioned out turn.

           2.    Learned Advocate for the applicant, on instructions, submits that the

           applicant has expired. In view thereof, nothing survives for consideration in

           the present application.

           3.    In view of the above, the application stands dismissed as having become

           infructuous. Pending application, if any, stands disposed of.



                                                                 ( R. M. JOSHI, J.)
           ssp




           1020 ABA 2297.2025.odt                                                     1 of 1

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