Bombay High Court
DATTATRAY KISAN GAIKWADversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The High Court allowed the withdrawal of the anticipatory bail application and disposed of the petition.
Summary
The applicant, Dattatray Kisan Gaikwad, filed an anticipatory bail application directly in the Bombay High Court without first approaching the Sessions Court. The counsel for the applicant sought to withdraw the application, stating that a filing would be made before the Sessions Court instead. The State of Maharashtra opposed the withdrawal. The Court examined whether the anticipatory bail could be withdrawn at this stage. Finding no impediment, the Court allowed the withdrawal and disposed of the application. Consequently, the anticipatory bail petition was withdrawn and the matter closed.
Issues considered
- Whether an anticipatory bail application filed directly in the High Court can be withdrawn before the Sessions Court proceedings commence.
Subjects
- anticipatory bail
- withdrawal
- high court jurisdiction
- criminal procedure
- session court
Judgment
603-ABA-2725-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2725 OF 2024
Digitally
Dattatray Kisan Gaikwad …Applicant
signed by Versus
SONALI
SONALI MILIND The State of Maharashtra & Anr. …Respondents
MILIND PATIL
PATIL Date:
2026.02.21
10:33:34
+0530 Ms. Sairuchita CHOwdhary h/f. Mr. Shekhar Jagtap i/b. J. Shekhar
Associates, for the Applicant.
Ms. G. P. Mulekar, APP, for the Respondent-State.
Ms. Madhuri Zendge, WPSI, attached to Shirur Police Station, Pune
Rural, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 20th FEBRUARY 2026
PC:-
1. Learned Counsel appearing for the Applicant submits that
the Applicant has not approached the learned Sessions Court and
directly the Anticipatory Bail Application has been filed in this
Court. She submits that she has instructions to withdraw the
Anticipatory Bail Application, as the Applicant will be filing
Application before the learned Sessions Court.
2. Accordingly, the Anticipatory Bail Application is allowed to
be withdrawn and disposed of as such.
[MADHAV J. JAMDAR, J.]
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