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Bombay High Court

RAJESH NARSINGA PANDAVversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Dismissed as Withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application, granting liberty to file a fresh application if the non‑bailable warrant is cancelled.

Summary

The applicant, Rajesh Narsinga Pandav, sought anticipatory bail in a case involving offences under Sections 123, 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of the Food Safety and Standards Act, 2006. The State opposed the application on the ground that a non‑bailable warrant was still pending against the applicant. The applicant's counsel requested permission to withdraw the bail application and to file a fresh one if the warrant were cancelled, a request that was not contested by the State. The Court, after noting the request, granted leave to withdraw the application with liberty to file a fresh bail application upon cancellation of the warrant. Consequently, the anticipatory bail application was disposed of.

Issues considered

  • Whether the anticipatory bail application is maintainable when a non‑bailable warrant is pending against the applicant.

Legislation cited

Subjects

  • anticipatory bail
  • non-bailable warrant
  • withdrawal of application
  • criminal procedure

Judgment

                                                        905- ABA-461-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

             CR. ANTICIPATORY BAIL APPLN. NO. 461 OF 2026

Rajesh Narsinga Pandav                                … Applicant
                    Versus
The State Of Maharashtra And Anr.                     … Respondent


                                   ——————
Mr. Pratik G. Tare for the Applicant.
Mr. Shrikant H. Yadav, A.P.P. for the Respondents-State.
Officer :- Mr. Vinod S. Pilave, PSI, Hatkanangale Police Station, present.
                                   ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   19th August 2026.

PER COURT :


1.    By the present Application the Applicant is seeking pre-arrest bail in

Crime No. 0169 of 2026, dated 21/04/2026, registered with Hatkanangale

Police Station, District Kolhapur, for the offences punishable under Sections

123, 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of the

Food Safety and Standards Act, 2006.


2.    Mr. Yadav, learned A.P.P. has raised an objection to the maintainability

of this Application on the ground that the non bailable warrant is pending

against the Applicant.


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                    3.        Faced with the said objection, Mr. Pratik Tare, learned Advocate for the

                    Applicant, on instructions, seeks leave to withdraw this bail application with

                    liberty to file a fresh bail application if the non-bailable warrant issued

                    against the Applicant is cancelled. This request is not opposed by Mr. Yadav,

                    learned A.P.P. for the Respondent-State.


                    4.        In view of the statement made by Mr. Pratik Tare, learned Advocate for

                    the Applicant, leave to withdraw this Application with liberty to file a fresh

                    bail application in Crime No. 0169 of 2026 is granted.


                    5.        Anticipatory Bail Application No. 461 of 2026 is disposed off.




                                                             [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.08.21
           18:50:00
           +0530




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