Bombay High Court

BIREN SASMAL AND ANRversusSTATE OF MAHARASHTRA

Decided: 7 September 2026
Disposal: Disposed off as Withdrawn

Holding

The High Court held that the anticipatory bail application may be withdrawn, granting the applicants liberty to file a fresh application before the Sessions Court.

Summary

The applicants, Biren Sasmal and another, had filed an anticipatory bail application after FIR No. 1198 of 2026 was registered against them at L.T. Marg Police Station. They later sought to withdraw that application, requesting liberty to file a fresh anticipatory bail petition before the Sessions Court. The State of Maharashtra opposed the withdrawal. The learned counsel for the applicants argued that withdrawal was permissible despite the FIR. The Court examined whether a pending anticipatory bail application could be withdrawn after an FIR is lodged. Finding no legal impediment, the Court allowed the withdrawal and granted the applicants liberty to approach the Sessions Court with a new application. The order was pronounced by Justice Prafula S. Khubalkar on 7 September 2026.

Issues considered

Whether an anticipatory bail application filed after an FIR can be withdrawn by the applicant?

Subjects

anticipatory bail
withdrawal
FIR
criminal procedure
High Court
bail application

Judgment

                                                   13-ABA-2508-2026.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 2508 OF 2026


Biren Sasmal And Anr.                                      ...Applicants

            V/S.

The State Of Maharashtra                                   ...Respondent

_____________________________________________________________

Adv. Mohsin Ghaniwale a/w Inamullah Shaikh i/b Arita S., for the
Applicant.

Adv. Rohan Hogle, for the Intervener.

Adv. Arfan Sait, APP for the Respondent – State.

PSI - Mr. Shankar Jaybhaye, L. T. Marg Police Station is present.
________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 07TH SEPTEMBER, 2026.
P.C. :-

1.          Learned counsel for the applicants states that now since the FIR

is registered against these applicants vide FIR No. 1198 of 2026, registered

with L. T. Marg Police Station, he seeks permission to withdraw the instant

application with liberty to file fresh application before the Sessions Court

seeking anticipatory bail.

                                    1/2
                                                  13-ABA-2508-2026.odt

2.            The application is permitted to be withdrawn with liberty as

prayed for.


                                     (PRAFULLA S. KHUBALKAR, J.)




                                    2/2

Continue reading with your account

Checking your session…