Bombay High Court
M.D. AFSAR AZAD AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The court permitted the withdrawal of the anticipatory bail application and allowed the applicant to file a fresh application with full disclosure of criminal antecedents.
Summary
The applicants filed an anticipatory bail application but failed to disclose their criminal antecedents in the supporting affidavit. The learned appellate court, referencing the Supreme Court decision in Zeba Khan v. State of U.P. (2026 SCC online SC 188), noted the omission and directed the applicants to withdraw the present application. The applicants sought permission to withdraw and to file a fresh application with full disclosure. The court accepted this request, allowing the withdrawal and granting liberty to re‑file a corrected application. Consequently, the anticipatory bail application was dismissed without prejudice.
Issues considered
- Whether an anticipatory bail application can be withdrawn when the affidavit omits disclosure of criminal antecedents
- Whether the court must direct the applicant to file a fresh application with full disclosure as per Supreme Court precedent
Subjects
- anticipatory bail
- withdrawal of application
- criminal antecedents
- Supreme Court precedent
- procedural compliance
Judgment
9-ABA-2449-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2449 OF 2026
Namdar/Mr. M. D. Afsar Azad & Anr. …Applicants
Versus
The State of Maharashtra …Respondent
Adv. Omprakash Dubey, for the Applicant.
Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.
Adv. Ashif Husain a/w Adv. Naziya Shah a/w Adv. H. Qureshi,
for Complainant.
API Pathan, Mankhurd Police Station, Mumbai, is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 31ST AUGUST 2026
P.C:-
1. After the learned APP pointed out that the criminal
antecedents are not disclosed on affidavit in this application, in
accordance with the judgment of the Hon’ble Supreme Court in
the matter of Zeba Khan Versus State of U.P. and Ors., reported at
2026 SCC online SC 188, learned counsel for applicant seeks
permission to withdraw the instant application with liberty to file
fresh application after disclosing all the criminal antecedents.
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9-ABA-2449-2026.ODT
2. In view of this, the applicant is permitted to withdraw the
instant Anticipatory Bail Application with liberty as prayed.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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