Bombay High Court

VISHAL VIVEK GHOSALKARversusSTATE OF MAHARASHTRA

Disposal: Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the anticipatory bail application, disposing of it as withdrawn.

Summary

The applicant, Vishal Vivek Ghosalkar, filed an anticipatory bail application (No. 2372 of 2023) seeking release on bail if arrested under IPC sections 406, 420, 45, 467, 468 read with 120(b). The applicant's counsel, Mr. Shubham Gangan, later requested unconditional withdrawal of the application, a request not opposed by the State's counsel, Ms. S. N. Deshmukh. The Court, after noting the request, granted leave to withdraw the anticipatory bail application. Consequently, the application was disposed of as withdrawn. No substantive merits on the bail issue were examined.

Issues considered

Can an anticipatory bail application be withdrawn unconditionally by the applicant?

Legislation cited

Indian Penal Code, 1860 — s. 120(b), 406, 420, 45, 467, 468

Subjects

anticipatory bail
withdrawal
criminal procedure
IPC sections
bail application

Judgment

                                                                                       30 - ABA - 2372 - 2023.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION

VAIBHAV
                           CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2372 OF 2023
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.06
10:37:22 +0530
                      Vishal Vivek Ghosalkar                                    … Applicant
                                   V/s.
                      State of Maharashtra                                      … Respondent

                      Mr. Shubham Gangan i/by Ms. Swati Khot for the
                      Applicant.
                      Ms. S. N. Deshmukh, APP for the State.
                      Mr. Dasharath Kurundavade, Police Constable, Khed Police
                      Station, Ratnagiri, is present.



                                                          CORAM          : ASHWIN D. BHOBE, J.

                                                          DATED          : OCTOBER 5, 2026
                      P.C.:


                      1.      By the present Application, the Applicant has sought for the

                      following substantive relief:

                              “a) That this Hon’ble Court may be pleased to direct the respondent herein to
                              release the present Applicant on bail in the event of his arrest in respect of CR
                              No.127 of 2023 registered by Khed Police Station u/s, 406, 420, 45, 467, 468
                              r/w 120(b) of Indian Penal code on such terms and conditions as this Hon’ble
                              court deems fit and proper.”

                      2.      Mr. Shubham Gangan, learned advocate for the Applicant, on

                      instructions from the Applicant, seeks leave to unconditionally

                      withdraw the present Anticipatory Bail Application. This request is not

                      opposed by Ms. S. N. Deshmukh, learned APP for the State.


                      3.      In view of the statement made by Mr. Shubham Gangan, learned



                      VRJ                                                                                       1
                                                   30 - ABA - 2372 - 2023.docx


Advocate for the Applicant, leave is granted to withdraw the present

Anticipatory Bail Application.


4.    Anticipatory Bail Application No. 2372 of 2023 is disposed of as

withdrawn.




                                         (ASHWIN D. BHOBE, J.)




VRJ                                                                         2

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