Created by Fuzzy Cloud

Bombay High Court

NISHANT MAHADEO MISALversusSTATE OF MAHARASHTRA

Disposal
Disposed off as Withdrawn

Holding

The Court disposed of the anticipatory bail application as withdrawn.

Summary

Nishant Mahadeo Misal filed an anticipatory bail application under Section 438 of the Criminal Procedure Code seeking release in connection with a case registered for offences under IPC sections 188, 272, 273, 328 and several provisions of the Food Safety and Standard Act, 2006. The applicant's counsel, Mr. Siyal Magdum, requested the matter be taken up out of turn and subsequently sought to withdraw the application on the applicant's instructions. The State's counsel, Dr. A. A. Takalkar, did not oppose the withdrawal. The Court, after noting the unopposed request, granted leave to withdraw the application. Consequently, Anticipatory Bail Application No. 3481 of 2023 was disposed of as withdrawn.

Issues considered

  • Whether the anticipatory bail application should be entertained or dismissed in view of the applicant's request to withdraw

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • food safety offences
  • IPC offences

Judgment

                                                                  20-ABA-3481-2023.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
          ANTICIPATORY BAIL APPLICATION NO. 3481 OF 2023
Nishant Mahadeo Misal                                             ...Applicant
        Versus
State of Maharashtra                                             ...Respondent
_______________________________________________________________
Mr. Siyal Magdum i/b Umesh Mankapure, Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 23rd September, 2026.
P.C. :


1.       At 10:30 am, Mr. Siyal Magdum, learned Advocate for the

Applicant, requested for taking up this matter out of turn, as he has

instructions from the Applicant to withdraw the same. At his request

and by consent of Dr. A. A. Takalkar, learned APP for the Respondent –

State, this Application was taken up out of turn.



2.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause (a):-



           (a)        That this Hon’ble High Court by exercising powers
           u/s. 438 of Cr. P.C., be pleased to release the Applicant on
           Anticipatory Bail in connection with C.R. No. 1067 of 2023
           registered with Sangola Police Station, District-Solapur for the
           offences punishable u/s. 188, 272, 273 & 328 of the IPC and
           sections 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a) & 59
           of Food Safety and Standard Act, 2006 on such terms and



Arjun                                1
                                                                                     20-ABA-3481-2023.doc



                               conditions this Hon’ble High Court may deems feet and proper;


                     3.      Mr. Siyal Magdum, learned Advocate for the Applicant, on

                     instructions from the Applicant, seeks leave to unconditionally

                     withdraw the present Application.



                     4.      The request made by Mr. Siyal Magdum, learned Advocate for

                     the Applicant, is not opposed by Dr. A. A. Takalkar, learned APP for the

                     Respondent – State.



                     5.      In view of the statement made by Mr. Siyal Magdum, learned

                     Advocate for the Applicant, leave is granted to withdraw the present

                     Application.



                     6.      Anticipatory Bail Application No. 3481 of 2023 is disposed of as

                     withdrawn.



                                                                       (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.23
        19:13:23
        +0530




                     Arjun                               2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.