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Bombay High Court

SURESH YALLAPPA GOLLARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application, without deciding on the merits.

Summary

The applicant, Sonali Milind Patil, filed an anticipatory bail application disclosing only one antecedent (CR No. 235 of 2024). The State of Maharashtra pointed out that two additional FIRs (CR No. 11 of 2018 and CR No. 110 of 2023) existed but were not disclosed. The applicant’s counsel sought to withdraw the existing application and file a fresh one with full disclosure of all antecedents. The Court permitted the withdrawal and ordered the application to be disposed of, granting liberty to re‑apply. The Court expressly noted that it had not examined the merits of the bail application, leaving those issues open for future consideration.

Issues considered

  • Whether an anticipatory bail application can be withdrawn when the applicant has not disclosed all antecedent FIRs.
  • Whether the court must decide on the merits before allowing withdrawal of the anticipatory bail application.

Subjects

  • anticipatory bail
  • withdrawal
  • non‑disclosure of antecedents
  • Criminal Procedure Code
  • bail application

Judgment

                                                                      921-ABA-2477-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                             ANTICIPATORY BAIL APPLICATION NO. 2477 OF 2026

       Digitally
       signed by
       SONALI
SONALI MILIND       Suresh Yallappa Gollar                                …Applicant
MILIND PATIL
PATIL Date:               Versus
       2026.10.03
       10:43:07
       +0530
                    The State of Maharashtra & Anr.                       …Respondents


                    Ms. Sana Raees Khan a/w. Mr. Parag Sawant, for the Applicant.
                    Mrs. Savita M. Yadav, APP, for Respondent No.1-State.
                    Mr. Tariq Sayed, for Respondent No.2.
                    Ms. C. A. Gadilwad, PSI, attached to Faraskhana Police Station,
                    Pune, present.


                                           CORAM:       MADHAV J. JAMDAR, J.
                                           DATED :      1st OCTOBER 2026
                    PC:-


                    1.       At the outset, Mrs. Yadav, learned APP submits that there are

                    three antecedents against the Applicant, however, the Applicant

                    has mentioned only one antecedent in the Anticipatory Bail

                    Application. Learned APP states that apart from C.R. No.235 of

                    2024, which is disclosed in the Anticipatory Bail Application, there

                    are other two FIRs bearing C.R. No.11 of 2018 and 110 of 2023.



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

                    Khan, learned Counsel appearing for the Applicant seeks




                                                     Page 1
                    Sonali
                                                  921-ABA-2477-2026.DOC




withdrawal of the Anticipatory Bail Application with liberty to file

a fresh Anticipatory Bail Application by disclosing details of all the

antecedents.



3.       Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn and disposed of as such with liberty as aforesaid.



4.       It is clarified that this Court has not considered the merits

and all contentions on merits are expressly kept open.




                                            [MADHAV J. JAMDAR, J.]




                                 Page 2
Sonali


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