Bombay High Court

QASIM RASHID KHANversusSTATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court held that the applicant may withdraw the present application and file a fresh anticipatory bail application, which must be decided on its own merits.

Summary

The applicant, Qasim Rashid Khan, had earlier filed an anticipatory bail application before the Sessions Court, which was dismissed on the ground of lack of prosecution and not on its merits. He subsequently filed a fresh anticipatory bail application before the High Court, seeking permission to withdraw the present application and to re‑file before the Sessions Court. The learned counsel argued that since the earlier application was not decided on merit, the applicant should be allowed to file a fresh application without prejudice. The Court observed that the earlier order indeed did not consider the merits and therefore granted liberty to the applicant to file a fresh application before the Sessions Court. The High Court disposed of the present application as withdrawn, directing that any fresh application be decided on its own merits and not be influenced by the earlier order dated 05.03.2026.

Issues considered

Whether the applicant may withdraw the present anticipatory bail application and be permitted to file a fresh application before the Sessions Court.
Whether a fresh anticipatory bail application should be decided on its own merits without being influenced by the earlier dismissal order.

Subjects

anticipatory bail
withdrawal of application
fresh application
merits of case
criminal procedure

Judgment

                                                                 914-ABA-2746-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2746 OF 2026


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


            Mr. Sumit D. Sharma, for the Applicant.
            Ms. Megha S. Bajoria, APP for the Respondent – State.


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

            1.           The learned counsel for applicant points out that the

            application filed before the Sessions Court seeking anticipatory bail

            was rejected and disposed of by the court for want of prosecution by

            order dated 05.03.2026. He thus submits that application was not

            decided on merit and in view of this, he seeks leave to withdraw the

            instant applicant with liberty for file fresh application before the

            Sessions Court for seeking anticipatory bail.

            2.           In view of the fact that the earlier bail application was not

            decided on merits, the applicant is granted liberty to file fresh

            application before the sessions court. Accordingly, the instant


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                                                    914-ABA-2746-2026.doc

application is disposed of as withdrawn with liberty to file fresh

application. It is clarified that in case any fresh application is filed

before the Sessions Court, the same be decided on its own merits

without being influenced by earlier order dated 05.03.2026 passed by

the Sessions Court.



                                        (PRAFULLA S. KHUBALKAR, J.)




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