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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Disposed off as Withdrawn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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                                                                          901 - ABA 2384 OF 2026.doc



          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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                                                         901 - ABA 2384 OF 2026.doc


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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