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Bombay High Court

NILESH DAMODAR KATHPALversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the anticipatory bail application and granted liberty to file a fresh application.

Summary

The applicant, Nilesh Damodar Kathpal, had filed an anticipatory bail application before the High Court of Bombay. He later approached the court seeking permission to withdraw that application and to file a fresh one. The sole issue before the court was whether the applicant could be allowed to withdraw the anticipatory bail application. The court, exercising its inherent discretion, granted leave to withdraw the pending application and permitted the applicant to file a fresh application. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

  • Whether an anticipatory bail application may be withdrawn by the applicant with the court's permission

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure

Judgment

                                                          1               912-ABA 384-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                     ANTICIPATORY BAIL APPLICATION NO.384 OF 2026

                       Nilesh Damodar Kathpal                       … Applicant
                             Vs.
                       The State of Maharashtra                     … Respondent
                                                          -----
                       Mr. Kamlesh N. Gujaar for the Applicant.
                       Ms. Supriya Kak, APP for the Respondent-State.
                       PSI Sachin Tambe, MIDC PS is present.
                                                          -----

                                                        CORAM :     N.R. BORKAR, J.
                                                        DATE    :   12TH FEBRUARY 2026
                       P.C. :
          Digitally
          signed by
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
                       1.       Learned Counsel for the Applicant seeks leave to withdraw the
          2026.02.12
          14:47:19
          +0530        present Application with liberty to file a fresh Application. Leave as sought
                       is granted.


                       2.       The Anticipatory Bail Application is disposed of as withdrawn with
                       liberty as sought.


                                                                    (N.R. BORKAR, J.)




                            Mugdha                                                              1 of 1


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