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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Disposed off as Withdrawn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The anticipatory bail application is withdrawn with liberty to file a statutory appeal.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 It held that the application could indeed be withdrawn, granting the applicants liberty to file a statutory appeal.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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