Bombay High Court

SHANTILAL BHOLENATH SABLEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The anticipatory bail application was dismissed as infructuous because the applicant was already arrested and no counsel appeared.

Summary

Shantilal Bholenath Sable filed a second anticipatory bail application (pre‑arrest bail) in Crime No. 467 of 2023 after his earlier anticipatory bail application was rejected and he was subsequently arrested. The State’s counsel informed the court that the applicant had already been arrested, rendering the current application infructuous. The applicant’s counsel, Rajas Naik, was absent both physically and via video conference when the matter was called. The court held that, in the absence of the applicant’s advocate and given the arrest, the application could not proceed. Consequently, the court dismissed the application for non‑prosecution.

Issues considered

What is the effect of an applicant's arrest on a pending anticipatory bail application?
Can a pre‑arrest bail application be entertained when the applicant is already in custody?
Is the absence of the applicant’s counsel a ground for dismissal of the application?

Subjects

anticipatory bail
pre‑arrest bail
non‑appearance of counsel
application dismissed
procedural default

Judgment

                                                                            38 - ABA - 3590 - 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. 3590 OF 2023

                      Shantilal Bholenath Sable                       … Applicant
                                   V/s.
                      The State of Maharashtra                        … Respondent

                      None for the Applicant.
                      Mr. Shrikant H. Yadav, APP for the State.
                      Metkari, PSI, and Pramod Gaikwad, Head Constable, Sadar
                      Bazar Police Station, Solapur City, is present.



                                                     CORAM        : ASHWIN D. BHOBE, J.

                                                     DATED        : SEPTEMBER 22, 2026
                      P.C.:


                      1.      When this Application was called out, neither the Applicant nor

                      the Advocate on record for the Applicant (Rajas Naik) was present

                      either physically or through VC mode. The Application is pending since

                      2023.


                      2.      Perusal of the records indicates that on 19th August 2023,

                      Anticipatory Bail Application No. 2306 of 2023 filed by the Applicant in

                      Crime No. 467 of 2023 was rejected by this Court.


                      3.      By this Application (second Anticipatory Bail Application), the

                      Applicant is seeking pre-arrest bail in Crime No.467 of 2023.


                      4.      Mr. Shrikant H. Yadav, learned APP for the State, on instructions,



                      VRJ                                                                            1
                                                       38 - ABA - 3590 - 2023.docx


states that the Applicant was arrested in Crime No. 467 of 2023 and,

therefore, this Application is rendered infructuous.


5.    In view of the absence of the Advocate for the Applicant, this

Application is dismissed for non-prosecution.




                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                             2

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