Bombay High Court
VIJAY RAMRAO SAPKALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
Anticipatory bail is infructuous when the applicant is already arrested, and the application may be withdrawn.
Summary
The High Court of Bombay considered an anticipatory bail application filed by Vijay Ramrao Sapkal under Section 438 of the Criminal Procedure Code. The applicant had already been arrested by the police before the application was heard. Counsel for the applicant submitted that, because the arrest had taken place, the anticipatory bail relief was no longer applicable. The Court examined the purpose of anticipatory bail, which is to secure release before arrest, and held that once the applicant is in custody the remedy becomes moot. Accordingly, the Court permitted the applicant to withdraw the application. The application was ordered to be withdrawn and the matter disposed of.
Issues considered
- Whether anticipatory bail can be granted when the applicant is already in custody?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- CrPC
- withdrawal
- arrest
Judgment
922.ABA-2327.26.DOC
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR CRIMINAL APPELLATE JURISDICTION
Date: 2026.10.01
14:21:42 +0530
ANTICIPATORY BAIL APPLICATION NO. 2327 OF 2026
Vijay Ramrao Sapkal … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Shreedhar Joshi i/by DSK Legal, for the Applicant.
Mr. P. P. Jadhav, APP for the Respondent-State.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 30 SEPTEMBER 2026
P. C. :-
1. Learned counsel appearing for the Applicant states that the
Applicant has been arrested and, therefore, Anticipatory Bail
Application has become infructuous.
2. Accordingly, Anticipatory Bail Application is allowed to be
withdrawn and disposed of as such.
[MADHAV J. JAMDAR, J.]
Page 1
PPN
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.