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Bombay High Court

HEMANT @ NANDU KASHINATH SHINDEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the anticipatory bail application with liberty to file a fresh application.

Summary

Hemant Shinde applied for anticipatory bail. The State contended that the applicant had eight antecedent cases but only five were disclosed. The applicant's counsel requested to withdraw the anticipatory bail application and be permitted to file a fresh one. The Court allowed the withdrawal with liberty to file a fresh application, expressly stating that it had not examined the merits and all contentions remain open. No substantive merits of the bail issue were decided.

Issues considered

  • Whether an anticipatory bail application may be withdrawn by the applicant with liberty to file a fresh application
  • Whether the court can permit a fresh anticipatory bail application without deciding the merits of the original application

Subjects

  • anticipatory bail
  • withdrawal
  • procedural
  • criminal procedure
  • antecedents

Judgment

                                                     925 ABA-2773-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2773 OF 2026
Hemant @ Nandu Kashinath Shinde                         …Applicant
            Vs.
State of Maharashtra                                    …Respondent


Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Savvy Kolhekar, for the
Applicant.
Mr. Prashant P. Jadhav, APP for the Respondent-State.
Head Constable Shinde, Yeola Police Station.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       8th OCTOBER, 2026
P. C.:

1.       At the outset, Mr. Jadhav, learned APP states that there are

eight antecedents against the Applicant and only five antecedents

have been disclosed.



2.       In view of the said contention raised by learned APP, Mr.

Vagal, learned counsel appearing for the Applicant seeks

withdrawal of anticipatory bail application with liberty to file fresh

anticipatory bail application.


3.       Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn with liberty as sought.




                                     Page 1 of 2
                                 8th October, 2026
                                                   925 ABA-2773-2026.DOC
skt



4.    It is clarified that this Court has not considered merits and

all contentions of the parties are expressly kept open.



                                  [MADHAV J. JAMDAR, J.]




                                   Page 2 of 2
                               8th October, 2026


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