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- Disposed off as Withdrawn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The Court disposed of the anticipatory bail application as withdrawn.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 Consequently, Anticipatory Bail Application No. 3481 of 2023 was disposed of as withdrawn.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
- Code of Criminal Procedure, 1973 — s. 438
- Food Safety and Standard Act, 2006 — s. 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a), 59
- Indian Penal Code, 1860 — s. 188, 272, 273, 328
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
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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
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