Bombay High Court
AYUB ASLAM KHANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that the anticipatory bail application may be withdrawn and the applicant may be permitted to file a fresh application with a sworn affidavit of criminal antecedents.
Summary
Vasant Anandrao Idhol filed an anticipatory bail application before the Bombay High Court. The applicant's counsel pointed out that the affidavit disclosing the applicant's criminal antecedents had not been sworn. The counsel sought permission to withdraw the present application and to file a fresh one with a properly sworn affidavit. The Court, after considering the procedural defect, granted leave to withdraw the application. The matter was consequently disposed of as withdrawn, with liberty to file a fresh application as prayed for.
Issues considered
- Whether an anticipatory bail application can proceed when the affidavit of disclosure of criminal antecedents is not sworn?
Subjects
- anticipatory bail
- affidavit
- withdrawal
- procedural requirement
- Criminal Procedure Code
Judgment
914-aba2437-26.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL ANTICIPATORY BAIL APPLICATION NO.2437 OF 2026
Digitally signed Ayub Aslam Khan ...Applicant
by VASANT V/s.
ANANDRAO
IDHOL State of Maharashtra ...Respondent
Date:
2026.08.29
18:50:25
+0530
Mr.Mohd.Ahmed with Ms.Sofia Shaikh for the Applicant.
Mr.Prasanna P. Malshe, APP for the Respondent – State.
Mr.Sandesh Ingale, PSI, DCB CID, Unit No.10 is present in
Court.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 29TH AUGUST, 2026.
P.C. :-
1. After learned APP pointed out that the affidavit of
disclosure of the criminal antecedents, although filed, is not sworn by
this applicant, learned counsel for applicant seeks permission to
withdraw the instant application with liberty to file a fresh application
by stating on affidavit the criminal antecedents of the applicant. Leave
is granted.
2. The instant application is disposed of as withdrawn with
liberty as prayed for.
(PRAFULLA S. KHUBALKAR, J.)
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