Bombay High Court

SHYAM BHAGWAN GHODKEversusSTATE OF MAHARASHTRA THROUGH SENIOR INSPECTOR OF POLICE VIJAPUR NAKA POLICE STATION

Decided: 3 September 2026
Disposal: Disposed off as Withdrawn

Holding

The High Court may permit the withdrawal of an anticipatory bail application and grant liberty to file a fresh application before the appropriate court.

Summary

The applicants, Shyam Bhagwan Ghodke & others, filed an anticipatory bail application before the Bombay High Court. Subsequently, they sought the court's permission to withdraw that application and requested liberty to file a fresh anticipatory bail petition before the appropriate court. The learned counsel for the applicants argued that the withdrawal was sought on instruction. The court examined whether it could allow such a withdrawal and grant the requested liberty. Finding no legal impediment, the court permitted the withdrawal of the anticipatory bail application and granted the applicants liberty to file a new application before a competent court. The order was pronounced by Justice Prafula S. Khubalkar on 3 September 2026.

Issues considered

Whether the High Court can allow the withdrawal of an anticipatory bail application and grant liberty to file a fresh anticipatory bail petition before a competent court

Subjects

anticipatory bail
withdrawal
criminal procedure
high court

Judgment

                                                                         501-aba2517-26.doc

      vai

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
                             ANTICIPATORY BAIL APPLICATION NO.2517 OF 2026
Digitally signed
by VASANT
ANANDRAO
IDHOL              Shyam Bhagwan Ghodke & Ors.                           ...Applicants
Date: 2026.09.03              V/s.
18:43:29 +0530
                   State of Maharashtra                                  ...Respondent

                   Mr.Ishwarlal Agarwal with Ms.Meena Thakur, Ms.Priyanka Sharma,
                   Mr.Ayush Tiwari, Mr.Shivam Gupta and Mr.Devkrishna Bhambri for
                   the Applicants.

                   Ms.Megha S.Bajoria, APP for the Respondent – State.


                                    CORAM : PRAFULLA S. KHUBALKAR, J.
                                    DATE : 3RD SEPTEMBER, 2026.
                   P.C. :-

                   1.           Learned counsel for applicants on instructions seeks

                   permission to withdraw the instant application seeking transit

                   anticipatory bail, with liberty to file an appropriate application for

                   anticipatory bail before the Competent Court. The application is

                   allowed to be withdrawn with liberty as prayed for.



                                                          (PRAFULLA S. KHUBALKAR, J.)




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