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Bombay High Court

ISRAIL ISMAIL KHANversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court may allow the withdrawal of an anticipatory bail application with liberty to file a fresh application.

Summary

The applicant, Israil Ismail Khan, filed an anticipatory bail application and later sought the Court's permission to withdraw it, requesting liberty to file a fresh application with a proper memorandum. The respondent State of Maharashtra opposed the withdrawal. The Court considered whether it could allow the withdrawal without prejudice to the proceedings. Relying on its inherent powers to manage applications under criminal procedure, the Court found no impediment to granting the request. Consequently, the Court granted leave to withdraw the application and permitted the applicant to file a fresh one.

Issues considered

  • Whether the anticipatory bail application may be withdrawn with liberty to file a fresh application?

Subjects

  • anticipatory bail
  • withdrawal of application
  • fresh application
  • criminal procedure

Judgment

                                                         3-ABA-2526-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 2526 OF 2026
Israil Ismail Khan                                         …Applicant
        Versus
The State of Maharashtra                                   …Respondent


Adv. (Ms.) F. Chaudhary, for Applicant.

Mrs. Megha S. Bajoria, A.P. P., for Respondent – State.

PSI Anupama Patil, Sakinaka Police Station, Mumbai, is present.


                           CORAM :          PRAFULLA S. KHUBALKAR, J.
                           DATE        :    22ND SEPTEMBER 2026
P. C:-

1.          Learned counsel for applicant seeks permission to

withdraw the instant application with liberty to file a fresh

application        after   drafting        proper    memorandum    of   the

application.

2.          Leave granted.

3.          Application is permitted to be withdrawn with liberty as

prayed for.




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




                                       Page 1 of 1
                                  nd
                              22 September 2026


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