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- Allowed To be withdrawn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- Whether an anticipatory bail application can be withdrawn when the applicant has not disclosed all antecedent FIRs.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
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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.]
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