Bombay High Court

MOHAMED ALI KOCHRAversusTHE STATE OF MAHARASHTRA

Decided: 3 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court held that the anticipatory bail application may be withdrawn with liberty to file a fresh application, and the pending interim applications stand disposed.

Summary

The applicant filed an anticipatory bail application on behalf of the accused, Mohamed Ali Kochra, using a power of attorney and later sought to withdraw the application, requesting liberty to file a fresh application if needed. The court considered whether such a withdrawal was permissible. It held that the applicant could withdraw the anticipatory bail application and was granted liberty to file an appropriate application thereafter. Consequently, the withdrawal was allowed and the pending interim applications were ordered to stand disposed. The order effectively dismissed the anticipatory bail proceedings pending any new application.

Issues considered

Whether an anticipatory bail application filed through a power of attorney may be withdrawn by the applicant
Whether pending interim applications should be disposed of upon withdrawal of the main anticipatory bail application

Subjects

anticipatory bail
withdrawal of application
power of attorney
interim application
criminal procedure

Judgment

                                        907-ABA-2366-2026 W IA 2972-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2366 OF 2026
Mohamed Ali Kochra                                         …Applicant
      Versus
The State of Maharashtra                                   …Respondent
                           WITH
            INTERIM APPLICATION NO. 2972 OF 2026
                             IN
      ANTICIPATORY BAIL APPLICATION NO. 2366 OF 2026
Shailesh Gundu Shetty                        …Applicant/
                                             Intervenor
      Versus
The State of Maharashtra                     …Respondent


Adv. Chirag Sarawagi a/w Adv. Shubham Shah i/b Adv. Tushar
Goradia, for the Applicant.
Mr. Arfan Sait, A.P. P., for the Respondent – State.
Adv. Kishor Patil a/w Adv. Sidheshwar Biradar, Adv. Kareena
Talreja, Adv. Karam Talreja i/b K & K Legal Associates LLP, for
Applicant/Intervenor in IA No. 2973 of 2026.
PI Sachin S.Khondre, D. N. Nagar Police Station, Mumbai,
is present.


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

1.       Learned counsel for applicant states that since the instant

application was filed on behalf of the Power of Attorney holder of

the accused person, he seeks permission to withdraw the instant

application with liberty to file appropriate application on behalf of

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                            3 September 2026
                                         907-ABA-2366-2026 W IA 2972-2026.ODT




the applicant.

2.          Application is permitted to be withdrawn with liberty as

prayed for.

3.          In view of above, pending Interim Applications stand

disposed of.

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




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