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Bombay High Court

AMIR AFZAL KHANDWALAversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The anticipatory bail application may be withdrawn, with liberty to file a fresh application disclosing all criminal antecedents.

Summary

The applicant, Amir Afzal Khandwala, filed an anticipatory bail application but failed to disclose all his criminal antecedents as required by Supreme Court precedent. The learned appellate judge noted this omission and, upon the applicant's counsel's request, allowed the withdrawal of the pending application. The court granted liberty to the applicant to file a fresh application, provided that all criminal antecedents are fully disclosed. The withdrawal was ordered to ensure compliance with the standards set in Zeba Khan v. State of U.P. and Ors. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

  • What is the appropriate course of action when an anticipatory bail applicant fails to disclose all criminal antecedents?
  • Does the court have the authority to permit withdrawal of the application and allow a fresh filing with full disclosure?

Subjects

  • anticipatory bail
  • criminal antecedents
  • withdrawal of application
  • Supreme Court precedent
  • fresh application

Judgment

                                                     7-ABA-2481-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2481 OF 2026
Amir Afzal Khandwala                                   …Applicant
      Versus
The State of Maharashtra                               …Respondent


Adv. Abhishek Mishra, for the Applicant.

Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.

Mr. Vijay Madiye, Retired P.I. and PSI Dipak Thorat, Oshiwara
Police Station, Mumbai, is present.


                       CORAM :          PRAFULLA S. KHUBALKAR, J.
                       DATE        :     7TH SEPTEMBER 2026
P. C:-

1.       After the learned APP pointed out that the applicant has not

disclosed all the criminal antecedents in para-15 of the

application, learned counsel for applicant seeks permission to

withdraw the instant application with liberty to file fresh

application by disclosing all the criminal antecedents, as required

by the judgment of the Hon’ble Supreme Court in the matter of

the matter of Zeba Khan Versus State of U.P. and Ors., reported at

2026 SCC Online SC 188.




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2.          Accordingly, the application is permitted to be withdrawn

with liberty to file fresh application.


3.          In view of this, application is disposed of as withdrawn.




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




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