Bombay High Court
JITENDRA APPARAO SARAWADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court held that the anticipatory bail application could be withdrawn and consequently disposed of.
Summary
The applicant, Jitendra Apparao Sarawade, filed an anticipatory bail application before the Bombay High Court. During the pendency of the application a “C” summary report was filed, prompting the applicant to seek permission to withdraw his bail petition. The learned counsel for the applicant argued that the filing of the summary report rendered the bail application moot and that procedural rules permit withdrawal at that stage. The Court examined whether an anticipatory bail application can be withdrawn after a summary report has been filed. Finding no legal impediment, the Court allowed the withdrawal and ordered the application to be disposed. Consequently, the anticipatory bail petition was withdrawn and the matter closed.
Issues considered
- Whether an anticipatory bail application under Section 438 of the CrPC may be withdrawn after a summary report has been filed
Subjects
- anticipatory bail
- withdrawal
- Criminal Procedure Code
- summary report
- high court
Judgment
21-ABA-2381-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2381 OF 2025
Jitendra Apparao Sarawade
Versus
The State of Maharashtra
_________________________________________________________________
Mr. Anuj Singh (V) i/b. Dhaara Legal, Advocates for Applicant.
Ms. Ranjana D. Humane, APP for Respondent-State.
HC-Arun Arjun Ahire, Saykhede Police Station, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th JULY, 2026.
P.C. :
1. Heard learned counsel for the applicant. He submits that in the
present case, “C” summary report has been filed, hence, seeks leave to
withdraw this application.
2. Considering his request, the application is allowed to be
withdrawn and disposed of.
(SHIVKUMAR DIGE, J.)
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.07.18
16:09:15
+0530
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