Bombay High Court
MARGRET THOMAS DSOUZA AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail application is withdrawn with liberty to file a statutory appeal.
Summary
The applicants, Margret Thomas Dsouza and another, filed an anticipatory bail application in the Bombay High Court concerning an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Their counsel sought to withdraw the application, requesting liberty to pursue an appropriate statutory appeal. The court considered whether such a withdrawal could be permitted. It held that the application could indeed be withdrawn, granting the applicants liberty to file a statutory appeal. Consequently, the anticipatory bail application was dismissed, allowing the parties to proceed with a separate appeal.
Issues considered
- What is the propriety of allowing the withdrawal of an anticipatory bail application filed under the SC/ST (Prevention of Atrocities) Act, 1989?
- Whether the court may grant liberty to the applicants to file a statutory appeal after withdrawing the anticipatory bail application?
Legislation cited
Subjects
- anticipatory bail
- withdrawal of application
- SC/ST (Prevention of Atrocities) Act
- statutory appeal
- criminal procedure
Judgment
903-ABA-2464-2026.odt
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2464 OF 2026
Margret Thomas Dsouza And Anr. ..Applicants
V/S.
The State Of Maharashtra And Anr. ...Respondents
_____________________________________________________________
Adv. Dilip Shinde a/w Arish Kikle a/w Vinay Chavan, for the Applicant.
Adv. Prasanna P. Malashe, APP for the Respondent – State.
PSI – B. U. Pogure, Mira-Bhayander, Vasai-Virar, Police Station is present.
________________________________________________________
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 01st SEPTEMBER, 2026.
P.C. :-
1. Learned counsel for the applicant states that the offence is
registered under provisions of Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, and therefore he wants to withdraw the
instant application with liberty to file an appropriate statutory appeal.
2. Accordingly, instant application is permitted to be withdrawn with
liberty as prayed for.
(PRAFULLA S. KHUBALKAR, J.)
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