Bombay High Court

SHIVAJI SHANKAR PAWAR AND ORSversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

An anticipatory bail application is to be dismissed as infructuous when the accused has been acquitted of the charge.

Summary

The applicants, Shivaji Shankar Pawar and others, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre‑arrest bail in Crime No. 435 of 2023. The State of Maharashtra produced a copy of the judgment dated 20 May 2026 in Sessions Case No. 29 of 2025, showing that the accused had been acquitted of the same offence. The applicants’ counsel confirmed the acquittal and argued that the bail application was therefore moot. The learned Assistant Public Prosecutor concurred that the accused had been cleared of the charges. Relying on the acquittal, the Court held that there was no longer any basis for anticipatory bail and disposed of the application as infructuous.

Issues considered

What is the appropriate disposition of an anticipatory bail application when the accused has already been acquitted of the alleged offence?

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 438
acquittal
infructuous application
criminal procedure

Judgment

                                                                           36 - ABA - 3099 - 2023.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                       CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:07 +0530             CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3099 OF 2023

                      Shivaji Shankar Pawar & Ors.                    … Applicants
                                   V/s.
                      The State of Maharashtra                        … Respondent

                      Mr. Atharva R. B. i/by Mr. Amit Icham for the Applicants.
                      Ms. S. N. Deshmukh, APP for the State.



                                                     CORAM      : ASHWIN D. BHOBE, J.

                                                     DATED      : SEPTEMBER 22, 2026
                      P.C.:


                      1.      By the present Application filed under Section 438 of the Code of

                      Criminal Procedure, 1973, the Applicants seek pre-arrest bail in Crime

                      No. 435 of 2023 registered at Satara Taluka Police Station, District

                      Satara.


                      2.      Ms. S. N. Deshmukh, learned APP for the State, tenders a

                      photostat copy of the judgment and order dated 20th May 2026 passed

                      in Sessions Case No. 29 of 2025 arising out of Crime No. 435 of 2023.

                      The same is taken on record and marked 'X' for identification. Ms. S. N.

                      Deshmukh states that the Applicant (Accused) has been acquitted in the

                      said Crime No. 435 of 2023.


                      3.      Mr. Atharva R. B., learned Advocate for the Applicants, confirms




                      VRJ                                                                           1
                                                    36 - ABA - 3099 - 2023.docx


the said position and submits that this Application be disposed of as

infructuous.


4.    In view of the statements made by Mr. Atharva R. B., learned

Advocate for the Applicants, and Ms. S. N. Deshmukh, learned APP for

the State, Anticipatory Bail Application No. 3099 of 2023 is disposed of

as infructuous.


                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                          2

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