Bombay High Court
RAMESH KUMARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court permitted withdrawal of the anticipatory bail application, allowed the applicant to file a fresh application before the Sessions Court, and continued the interim protection for ten days.
Summary
Ramesh Kumar filed an anticipatory bail application before any FIR was lodged and obtained interim protection on 25 August 2026. After the FIR was subsequently registered, he sought to withdraw the pending application and obtain liberty to file a fresh anticipatory bail petition before the Sessions Court, also requesting that the interim protection continue. The Court allowed the withdrawal, granted permission to file a fresh application before the Sessions Court, and ordered that the interim protection remain in force for ten days from the date of the order. Consequently, the instant anticipatory bail application was disposed of. The decision underscores the procedural liberty to withdraw an anticipatory bail application post‑FIR and to seek fresh relief, while preserving interim protection for a limited period.
Issues considered
- What is the effect of a registered FIR on an existing anticipatory bail application?
- Can the applicant withdraw the anticipatory bail application and seek fresh relief before the Sessions Court?
- Whether the interim protection previously granted can be continued pending fresh application?
Subjects
- anticipatory bail
- withdrawal of application
- interim protection
- FIR
- Sessions Court
- criminal procedure
Judgment
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Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.10.07
17:49:53
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2384/2026
RAMESH KUMAR ….. APPLICANT
VS
THE STATE OF MAHARASHTRA …. RESPONDENT
Adv. Vivek S. Joshi for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent – State.
Adv. Sanad Vijay Desai for the Respondent No.2.
PSI Shankar Jaybhave, L.T.Marg Police Station, Mumbai present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 7TH OCTOBER, 2026
P.C. :-
1) Learned counsel for the applicant submits that this
application was filed seeking anticipatory bail at the stage when the
FIR was not filed but the applicant had apprehension of arrest. He
points out that by order dated 25 th August, 2026, this Court had
granted interim protection in favour of the applicant. He now submits
that FIR is registered and therefore the applicant seeks permission to
withdraw the instant application with liberty to file an appropriate
application before the Sessions Court for seeking anticipatory bail. He
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also prays for grant of some time to approach the Sessions Court by
continuing the interim protection.
2) In view of the fact that an FIR is now registered, the
applicant is permitted to withdraw the instant application with liberty
to file a fresh application before the Sessions Court.
3) It is directed that the interim protection granted by this
Court by order dated 25th August, 2026 shall continue to operate for a
period of ten days from today.
4) In view of this, the instant application is disposed of.
[PRAFULLA S. KHUBALKAR, J.]
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