Bombay High Court

SANTOSH KUMAR ASHOK KUMAR RAYversusTHE STATE OF MAHARASHTRA

Decided: 24 August 2026
Disposal: Disposed Off

Holding

The anticipatory bail application must first be filed in the Sessions Court; the High Court cannot entertain it directly.

Summary

Arjun Vitthal Kudhekar filed an anticipatory bail application directly in the Bombay High Court. No counsel appeared for the applicant, but the respondent's counsel, Ms. S. M. Yadav, informed the court of the filing. The High Court held that the applicant must first approach the Sessions Court for such relief. Consequently, the anticipatory bail application was disposed of with a direction to file it in the Sessions Court, while the applicant's contentions were kept open for future consideration. No substantive hearing on the merits took place.

Issues considered

Whether the High Court has jurisdiction to entertain an anticipatory bail application filed directly without first approaching the Sessions Court

Subjects

anticipatory bail
jurisdiction
high court
sessions court
criminal procedure

Judgment

                                                                              28-ABA-2297-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN                                 CRIMINAL APPELLATE JURISDICTION
VITTHAL                         ANTICIPATORY BAIL APPLICATION NO.2297 OF 2026
KUDHEKAR
Digitally signed by
ARJUN VITTHAL         Santosh Kumar Ashok Kumar Ray                            ...Applicant
KUDHEKAR
Date: 2026.08.25              Versus
12:53:27 +0530
                      The State of Maharashtra                                 ...Respondent
                                                     ——————
                      None for the Applicant.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                      PSI Dattatray Pote, Nashik City Crime Unit-01, Nashik City, present.
                                                     ——————
                                                        Coram: Madhav J. Jamdar, J.
                                                        Date: August 24, 2026
                      P.C.:

                      1.      None appears for the Applicant.

                      2.      However, Ms. Yadav, learned APP, states that the Applicant has

                      directly filed the Anticipatory Bail Application in the High Court.

                      3.      Accordingly, the Anticipatory Bail Application is disposed of by

                      directing that the Applicant shall first approach the Sessions Court.

                      4.      Although the Anticipatory Bail Application is disposed of, all

                      contentions of the Applicant are expressly kept open.



                                                                        [Madhav J. Jamdar, J.]




                      Arjun                               1

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