Bombay High Court

LAXMAN PANDURANG DIVEKAR AND ANRversusSTATE OF MAHARASHTRA

Decided: 18 September 2026
Disposal: Disposed Off

Holding

The anticipatory bail application was permitted to be withdrawn and was disposed of as withdrawn.

Summary

Laxman Pandurang Divekar and another filed an anticipatory bail application directly in the Bombay High Court, without first approaching the Sessions Court. The State of Maharashtra, through its learned Additional Public Prosecutor, challenged the jurisdiction of the High Court to entertain such an application. The applicants' counsel subsequently sought to withdraw the anticipatory bail application. The Court considered the procedural propriety of filing and the permissibility of withdrawal. It allowed the withdrawal of the anticipatory bail application and ordered the matter to be disposed of as withdrawn.

Issues considered

Whether an anticipatory bail application can be filed directly in the High Court without first approaching the Sessions Court.
Whether an anticipatory bail application may be withdrawn by the applicants after filing.

Subjects

anticipatory bail
withdrawal
jurisdiction
High Court
Criminal Procedure Code

Judgment

                                                                         36-ABA-2445-2026.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                               ANTICIPATORY BAIL APPLICATION NO.2445 OF 2026
                      Laxman Pandurang Divekar & Anr.                       …Applicants
                            Versus
                      The State of Maharashtra                              …Respondent


                      Mr. Sumit V. Khaire, for the Applicant.
                      Mr. S .V. Walve, APP, for the Respondent-State.


                                             CORAM:      MADHAV J. JAMDAR, J.
                                             DATED :     18th SEPTEMBER 2026
                      PC:-


                      1.       At the outset, Mr. Walve, learned APP states that the

                      Anticipatory Bail Application has been directly filed in this Court.

                      The Applicants have not approached the learned Sessions Court.



                      2.       In view of the above contention raised by the learned APP,

                      Mr. Khaire, learned Counsel appearing for the Applicants seeks

                      withdrawal of the Anticipatory Bail Application.



                      3.       Accordingly, the Anticipatory Bail Application is allowed to

                      be withdrawn and disposed of as withdrawn.



 SONALI                                                          [MADHAV J. JAMDAR, J.]
 MILIND
 PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.09.19
13:26:18 +0530                                         Page 1
                      Sonali

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.