Bombay High Court

PRASAD LAXMIKANT PUNDEversusTHE STATE OF MAHARASHTRA

Disposal: DISMISSED
Bench: R M JOSHI

Holding

The anticipatory bail application was dismissed as infructuous because the non-bailable warrant had been cancelled.

Summary

Prasad Laxmikant Punde applied for anticipatory bail after a non-bailable warrant was issued against him. He argued that the trial court had subsequently cancelled the warrant, rendering the bail application unnecessary. The court examined whether an anticipatory bail application remains viable when the underlying warrant is no longer in force. Finding that the cancellation of the warrant made the bail petition moot, the court held the application to be infructuous. Consequently, the application was dismissed.

Issues considered

Whether an anticipatory bail application is maintainable when the non-bailable warrant it seeks to contest has been cancelled

Subjects

anticipatory bail
non-bailable warrant
infructuous application
criminal procedure

Judgment

2026:BHC-AUG:23680
                                                                       932-ABA-460-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 460 OF 2026

                                     Prasad Laxmikant Punde
                                             VERSUS
                                    The State Of Maharashtra
                                               ...
          Mr. S. S. Subhedar h/f Mr. N. S. Ghanekar, Advocate for Applicant
          Mrs. P. J. Bharad, APP for Respondents
                                               ...

                                                            CORAM : R.M. JOSHI, J
                                                            DATE  : JUNE 17, 2026

          PC :

          1.          Learned Counsel for Applicant submits that present Application

          came to be filed in view of fac that non-bailable warrant was issued against

          Applicant. It is his submission that Trial Court has cancelled the non-bailable

          warrant and as such, this application has become infructuous.


          2.          In view of above, Application is dismissed as infructuous.


                                                               (R. M. JOSHI, J.)
          Malani




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