Bombay High Court
GANESH CHANDRAKANT PATILversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court permitted the applicant to withdraw the anticipatory bail application with liberty to file a fresh application after disclosing all criminal antecedents.
Summary
The applicant, Ganesh Chandrakant Patil, filed an anticipatory bail application but had not disclosed his criminal antecedents as mandated by the Supreme Court in Zeba Khan v. State of U.P. The learned Additional Public Prosecutor highlighted this omission and the applicant, through counsel, sought permission to withdraw the application and file a fresh one after full disclosure. The Court examined the requirement of disclosure of antecedents for anticipatory bail applications. It held that the applicant could be allowed to withdraw the pending application provided he complies with the disclosure requirement in any subsequent filing. Consequently, the Court granted liberty to withdraw and to re‑apply after disclosing all criminal antecedents. The application was thereafter disposed of as withdrawn.
Issues considered
- Whether the anticipatory bail application can be withdrawn when the applicant has failed to disclose criminal antecedents as required by Supreme Court precedent
- Whether the Court may grant liberty to re‑file the application after proper disclosure
Subjects
- anticipatory bail
- criminal antecedents
- withdrawal of application
- disclosure requirement
- Supreme Court precedent
Judgment
11-ABA-2311-2026(STM).ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2311 OF 2026
Ganesh Chandrakant Patil …Applicant
Versus
The State of Maharashtra …Respondent
Adv. Asif Choudhary, for the Applicant.
Mr. Arfan Sait, A.P. P., for the Respondent – State.
API Shrikant Dange (I. O.), Bhoiwada Police Station, Bhiwandi,
Dist. Thane, is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 17TH AUGUST 2026
P.C:-
1. After learned APP points out that the applicant has not
disclosed the criminal antecedents as required by the judgment
of Hon’ble Supreme Court in the matter of Zeba Khan v. State of
U.P. and ors, reported at 2026 SCC online SC 188, learned
counsel for applicant, on instructions, seeks permission to
withdraw the application with liberty to file fresh application
after disclosing all the criminal antecedents.
2. Applicant is permitted to withdraw the application with
liberty as prayed for.
3. In view of the above, instant application is disposed of as
withdrawn.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
(This order is corrected vide Speaking to the Minutes of the Order dated 20th August 2026)
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17 August 2026
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