Bombay High Court

DHUN THACKERversusSTATE OF MAHARASHTRA

Decided: 28 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court disposed of the anticipatory bail application as withdrawn, granting liberty to file a fresh application before the Sessions Court.

Summary

The applicant, Dhun Thacker, filed a fresh anticipatory bail application after his earlier one was withdrawn following the filing of a chargesheet. The respondents objected, arguing that the applicant should first approach the Sessions Court after the chargesheet was filed. The applicant’s counsel sought liberty to file the appropriate application before the Sessions Court, citing the earlier order that allowed a fresh filing. The Court held that the applicant is indeed entitled to file a fresh anticipatory bail application before the Sessions Court after the chargesheet. Consequently, the Court disposed of the present application as withdrawn, granting liberty to file the appropriate application before the Sessions Court.

Issues considered

Whether an anticipatory bail application can be filed after the filing of a chargesheet without first approaching the Sessions Court
Whether the applicant is entitled to liberty to file a fresh anticipatory bail application before the Sessions Court

Subjects

anticipatory bail
chargesheet
Sessions Court
withdrawal
Criminal Procedure

Judgment

                                                     3-ABA-2586-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2586 OF 2026
Dhun Thacker                                           …Applicant
      Versus
The State of Maharashtra And Anr.                      …Respondents


Adv Vedchetan Patil a/w Adv. Sunayana Kashid a/w
Adv. Parth Munde, for the Applicant.

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

Adv. Lagaraj S. Nadar, for the Respondent No.2.

PI Avinash Pandurang Jadhav, Santacruz Police Station, Mumbai,
is present.



                       CORAM :          PRAFULLA S. KHUBALKAR, J.
                       DATE        :     28TH SEPTEMBER 2026
P. C:-

1.       Learned counsel for applicant states that an anticipatory

bail application filed by this applicant on earlier occasion vide

Anticipatory Bail Application No. 1812 of 2026 was withdrawn

with liberty to file fresh application in view of the filing of

chargesheet and the said application was disposed of by order

dated 5th August 2026. Thereafter the instant application is filed.

Learned APP raises an objection to this application on the




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ground that the applicant has not approached to the Sessions

Court after filing of chargesheet.

2.          In view of this, learned counsel for applicant seeks liberty

to file appropriate application before the Sessions Court in view

of filling of chargesheet. Although, this application is filed in

view of the liberty granted by order dated 5 th August 2026, it is

clarified that the applicant is entitled to file fresh application

before the Sessions Court after the filing of chargesheet.

3.          In view of this, the instant application is disposed of as

withdrawn with liberty to file appropriate application before the

Sessions Court.




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




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