Bombay High Court

ABUL FAIZ NASEEM AHMEDversusTHE SENIOR POLICE INSPECTOR AND ANR

Decided: 7 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application with a proper affidavit.

Summary

The applicant, Abul Faiz Naseem Ahmed, filed an anticipatory bail application before the Bombay High Court but did not attach a proper sworn affidavit. The applicant's counsel sought permission to withdraw the application and to file a fresh one with a correct affidavit and supporting documents. The court examined whether the lack of a proper affidavit justified withdrawal of the anticipatory bail petition. It held that the applicant could indeed withdraw the pending application. The court granted leave to the applicant to file a fresh anticipatory bail application with the requisite affidavit. No merits of the underlying criminal allegations were addressed as the application was withdrawn.

Issues considered

Whether an anticipatory bail application filed without a proper sworn affidavit can be withdrawn by the applicant.
Whether the court may permit the applicant to file a fresh application after withdrawal.

Subjects

anticipatory bail
withdrawal
affidavit
Criminal Procedure Code
high court

Judgment

                                                     17-ABA-2513-2026.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2513 OF 2026

Abul Faiz Naseem Ahmed                                         ...Applicant
             V/S.
State Of Maharashtra                                           ...Respondent

_____________________________________________________________

Adv. Aamir Qureshi (VC) for the Applicant.
Adv. Prasanna P. Malashe, APP for the Respondent – State.
PSI - Mr. Sanvidhan R. Chaure (IO) Nayanagar, MBVV, Police Station is
present.
________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 07TH SEPTEMBER, 2026.
P.C. :-

1.           Since the application is not filed with a proper and duly sworn
affidavit, learned counsel for the applicant seeks leave to withdraw the
instant application with liberty to file fresh application on a proper affidavit,
accompanied with relevant documents.


2.           The applicant is permitted to withdraw the application with
liberty to file fresh application.




                                       (PRAFULLA S. KHUBALKAR, J.)

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