Bombay High Court
SAHIL ROHILLAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The anticipatory bail application is allowed to be withdrawn with liberty to file a fresh application disclosing all antecedents.
Summary
The applicant, Vasant Anandrao Idhol, filed an anticipatory bail application but failed to disclose his criminal antecedents. The prosecution highlighted this omission, and the applicant's counsel admitted the oversight, seeking permission to withdraw the application and refile with full disclosure, citing the Supreme Court's guidance in Zeba Khan v. State of Uttar Pradesh. The Court examined whether the withdrawal could be permitted despite the non‑disclosure. It held that the applicant may withdraw the present application and is granted liberty to file a fresh one with all antecedents disclosed. Consequently, the application was allowed to be withdrawn with liberty to re‑apply.
Issues considered
- What is the appropriate judicial response when an anticipatory bail applicant fails to disclose criminal antecedents in the application?
- Can the applicant be permitted to withdraw the anticipatory bail application and file a fresh one with full disclosure?
Subjects
- anticipatory bail
- withdrawal of application
- non‑disclosure
- criminal antecedents
- Supreme Court precedent
Judgment
903-aba2519-26.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL ANTICIPATORY BAIL APPLICATION NO.2519 OF 2026
Digitally signed Sahil Rohilla ...Applicant
by VASANT V/s.
ANANDRAO
IDHOL State of Maharashtra ...Respondent
Date:
2026.09.08
19:01:33 +0530
Ms.Shraddha Kadam with Mr.Rajabhau S. Chaudhari for the Applicant.
Mr.Arfan Sait, APP for the Respondent – State.
Mr.Munde, PSI, Vashi Police Station, Navi Mumbai is present in Court.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 8TH SEPTEMBER, 2026.
P.C. :-
1. Learned APP pointed out that there are criminal antecedents
against this applicant which are not disclosed in the application. In this
regard even the learned counsel for the applicant submitted that the
antecedents are inadvertently not mentioned in the application and therefore
she seeks permission to withdraw the instant application with liberty to file a
fresh application by disclosing all the antecedents as required by the
judgment of the Hon’ble Supreme Court in the case of Zeba Khan vs. State
of Uttar Pradesh, 2026 SCC OnLine SC 188.
2. Accordingly, the application is allowed to be withdrawn with
liberty as prayed for.
(PRAFULLA S. KHUBALKAR, J.)
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