Bombay High Court

SALMAN MOHAMMED UMAR DUHKKAversusSTATE OF MAHARASHTRA

Decided: 25 August 2026
Disposal: Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the anticipatory bail application, granting the applicant liberty to file a fresh application before the Sessions Court.

Summary

The applicant, Salman Mohammed Umar Dhukka, filed an anticipatory bail application before the High Court of Bombay. He later sought permission to withdraw the application, citing that other co-accused had already been granted anticipatory bail, making his application redundant. The respondent, the State of Maharashtra, opposed the withdrawal. The learned judge, Justice Prafula S. Khubalkar, considered whether a party may be allowed to withdraw an anticipatory bail petition. Finding no legal impediment, the court granted the applicant's request to withdraw with liberty to file a fresh application before the Sessions Court. Consequently, the anticipatory bail application was disposed of.

Issues considered

Whether an applicant may be permitted to withdraw an anticipatory bail application after filing it

Subjects

anticipatory bail
withdrawal of application
criminal procedure
high court
bail jurisprudence

Judgment

                                                       502-ABA-3530-2024.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 3530 OF 2024
Salman Mohammed Umar Dhukka                                …Applicant
      Versus
The State of Maharashtra                                   …Respondent


Adv. Shahood Anwar Naqvi, for the Applicant.
Mr. Arfan Sait, A.P. P., for the Respondent – State.


                          CORAM :           PRAFULLA S. KHUBALKAR, J.
                          DATE          :   25TH AUGUST 2026
P.C:-

1.          Learned counsel for applicant seeks permission to withdraw

the instant application with liberty to file fresh application before

the Sessions Court on the ground of parity in view of grant of

anticipatory bail to other accused persons.

2.          In view of this, application is permitted to be withdrawn

with liberty as prayed for.

3.          Accordingly, Anticipatory Bail Application is disposed of.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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                                 25 August 2026

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