Bombay High Court

QASIM RASHID KHANversusSTATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application before the Sessions Court, to be decided on its own merits.

Summary

The applicant, Qasim Rashid Khan, sought anticipatory bail before the Sessions Court, but the application was decided solely on police papers with his counsel absent, resulting in a rejection on 24.01.2026. He subsequently filed an anticipatory bail application before the High Court, requesting permission to withdraw it and to file a fresh application before the Sessions Court. The High Court observed that the earlier decision was made in the applicant's counsel's absence and therefore granted liberty to file a fresh application, directing that it be decided on its own merits without prejudice from the prior order. The High Court disposed of the present application as withdrawn, allowing the applicant to approach the Sessions Court anew. No substantive merits of bail were considered; the order was procedural.

Issues considered

What is the effect of a prior anticipatory bail application decided in the absence of the applicant's counsel?
Whether the applicant may withdraw the current anticipatory bail application and be permitted to file a fresh application before the Sessions Court?

Subjects

anticipatory bail
withdrawal of application
fresh application
procedural fairness
high court order

Judgment

                                                                904-ABA-2726-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2726 OF 2026


            Qasim Rashid Khan                                       ...Applicant
                       V/s.
            State of Maharashtra                                    ...Respondent


            Mr. Sumit D. Sharma, for the Applicant.
            Mr. Bapu V. Holambe Patil, APP for the Respondent – State.
            Mr. Suhas Kamble, API, Kashigaon Police Station is present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 29th SEPTEMBER, 2026.
            P.C. :-

            1.           Before any arguments are advanced on merits by the

            applicant, the learned APP has pointed out that the application filed

            before the Sessions Court seeking anticipatory bail was decided by the

            court only by perusing the police papers. It is pointed out that the

            applicant’s Advocate was repeatedly absent and final order dated

            24.01.2026 was passed by the Sessions Court rejecting the application.

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

            permission to withdraw the instant application with liberty to file fresh

            application before the Sessions Court for seeking anticipatory bail for


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                                                     904-ABA-2726-2026.doc

the applicant.

3.         In view of the fact that the earlier anticipatory bail

application of the applicant was decided in absence of the learned

counsel for applicant, liberty is granted to the applicant to file fresh

application before the Sessions Court. It is clarified that in case any

fresh application is filed by the applicant, the same be decided on its

own merits without being influenced by earlier order passed by the

Sessions Court.

4.          In view of this, the application is disposed of as withdrawn

with liberty to file fresh application before the Sessions Court.



                                         (PRAFULLA S. KHUBALKAR, J.)




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