Bombay High Court

ABDUL HAQUE MAHMOOD KHAN AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 23 September 2026
Disposal: Disposed Off

Holding

The anticipatory bail applications were disposed of as infructuous because the offences are bailable and there is no apprehension of arrest.

Summary

The applicants filed anticipatory bail applications (Nos. 3505 of 2023 and 3524 of 2024) after FIR No. 832 of 2023 was registered against them at Kandivali Police Station, Mumbai. The learned counsel argued that the charge‑sheet filed thereafter pertains only to bailable offences, eliminating any real risk of arrest. The court examined whether an anticipatory bail order is necessary when the pending charges are bailable. It held that since the offences are bailable and the charge‑sheet is already filed, there is no apprehension of arrest. Consequently, the applications were deemed infructuous and were disposed of without granting bail.

Issues considered

Whether anticipatory bail is required when the charge‑sheet pertains only to bailable offences.
Whether an anticipatory bail application becomes infructuous upon filing of a charge‑sheet for bailable offences.

Subjects

anticipatory bail
bailable offence
infructuous application
criminal procedure
charge‑sheet

Judgment

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       vai

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
                                ANTICIPATORY BAIL APPLICATION NO.3505 OF 2023
Digitally signed by
VASANT
ANANDRAO IDHOL
Date: 2026.09.23      Anwarul A. Haque Abdul Haque Khan @
18:33:57 +0530
                      Rahman Khan & Anr.                                       ...Applicants
                                 V/s.
                      State of Maharashtra & Anr.                             ...Respondents

                                                    WITH
                                ANTICIPATORY BAIL APPLICATION NO.3524 OF 2024


                      Abdul Haque Mahmood Khan & Ors.                          ...Applicants
                                 V/s.
                      State of Maharashtra & Anr.                             ...Respondents


                      Ms.Samiksha Pawar for the Applicants in both the ABAs.

                      Ms.Megha S. Bajoria, APP for Respondent No.1 – State in ABA
                      No.3505 of 2026.

                      Mr.Ashok S. Gawai, APP for Respondent No.1 – State in ABA
                      No.3524 of 2026.

                                        CORAM : PRAFULLA S. KHUBALKAR, J.
                                        DATE : 23RD SEPTEMBER, 2026.
                      P.C. :-

                      1.           Learned counsel for applicants states that although the FIR

                      bearing No.832 of 2023 was registered with Kandivali Police Station,

                      Mumbai against this applicant with respect to several offences, the

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                                                         16-aba3505-23.doc

charge-sheet is filed for the offences which are all bailable in nature.

Therefore, she submits that there is no apprehension of arrest and

submits that the application has become infructuous.

2.         Accordingly, the application is disposed of as infructuous.



                                        (PRAFULLA S. KHUBALKAR, J.)




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