Bombay High Court

Ibrahim Abdul Rafique Shaikh Alias Hasim Rafique ShaikhversusThe State of Maharashtra Through the Public Prosecutor

Decided: 2 September 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application may be withdrawn with liberty to re‑file after complete disclosure of criminal antecedents.

Summary

The applicant, Ibrahim Abdul Rafique Shaikh, filed an anticipatory bail application but failed to disclose all his criminal antecedents as mandated by the Supreme Court in Zeba Khan v. State of U.P. The learned appellate court, upon a submission by the respondent’s counsel, noted this non‑disclosure and directed the applicant’s counsel to seek permission to withdraw the application. The court allowed the withdrawal on the condition that the applicant may file a fresh application after fully disclosing his criminal history. No substantive merits of the bail claim were decided. The order was pronounced by Justice Prafula S. Khubalkar on 2 September 2026.

Issues considered

Whether an anticipatory bail application can be withdrawn when the applicant has not disclosed all criminal antecedents as required by Supreme Court precedent.
Whether the court may grant liberty to re‑file the application after full disclosure of antecedents.

Subjects

anticipatory bail
criminal antecedents
disclosure requirement
withdrawal of application
Supreme Court precedent

Judgment

                                                        903-ABA-2468-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 2468 OF 2026
Ibrahim Abdul Rafique Shaikh Alias Hasim    …Applicant
Rafique Shaikh
      Versus
The State of Maharashtra Through the Public …Respondent
Prosecutor

Adv. Ratna R. Jaiswal, for the Applicant.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
API Ganesh Mane, D. N. Nagar Police Station, Mumbai, is present.


                          CORAM :           PRAFULLA S. KHUBALKAR, J.
                          DATE          :    2ND SEPTEMBER 2026
P. C:-
1.          After the learned APP pointed out that, the applicant has

not disclosed all the criminal antecedents as required by the

judgment of Hon’ble Supreme Court in the matter of Zeba Khan

Vs. State of U.P. and Ors., reported at 2026 SCC Online SC 188,

learned counsel for the applicant, on instructions, seeks

permission to withdraw the application with liberty to file fresh

application after disclosing all the criminal antecedents.

2.          Application is permitted to be withdrawn with liberty as

prayed for.

                                             (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-



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