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- Dismissed as Withdrawn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
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 274, 275
- Food Safety and Standards Act, 2006 — s. 59
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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905- ABA-461-2026 (CR).docx
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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