Bombay High Court
SUNIL SHIVAJIRAO BIRADAR (YENKIKAR) AND OTHERSversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
Holding
The High Court may allow the withdrawal of an anticipatory bail application and grant liberty to file a fresh application before the trial court.
Summary
The applicants, Sunil Shivajirao Biradar (Yenkikar) and others, filed an anticipatory bail application before the Bombay High Court, Aurangabad Bench. While the application was pending, they sought the court's permission to withdraw it and to file a fresh application before the trial court. The learned counsel for the applicants argued that such withdrawal should be allowed to enable a fresh filing. The court examined its inherent jurisdiction to permit withdrawal of an anticipatory bail petition and found no legal impediment. Consequently, the judge granted leave to withdraw the application with liberty to file a fresh one, and the matter was disposed of as withdrawn.
Issues considered
- Whether the High Court can permit the withdrawal of an anticipatory bail application pending before it
- Whether the applicants may be granted liberty to file a fresh anticipatory bail application before the trial court
Subjects
- anticipatory bail
- withdrawal of application
- criminal procedure
- High Court jurisdiction
- liberty to file fresh application
Judgment
2026:BHC-AUG:21970
902.ABA-470-2026.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 470 OF 2026
SUNIL SHIVAJIRAO BIRADAR (YENKIKAR) AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
......
Mr. S. B. Munde h/f Mr. V .D. Gunale, Advocate for Applicants
Mr. B. V. Virdhe, APP for Respondent-State
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 22 MAY, 2026
PER COURT :
1. The learned Counsel for the Applicants, on instructions, seeks leave
to withdraw the application with liberty to file fresh application before the
trial Court.
2. Leave is granted.
3. The application stands disposed of as withdrawn with liberty as
prayed for.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
NAJEEB..
Checking your session…