Created by Fuzzy Cloud

Bombay High Court

SURYAKANT RAMCHANDRA BAJAREversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court held that an anticipatory bail application may be withdrawn by the applicant, and upon such request, the application is dismissed as withdrawn.

Summary

The applicant, Suryakant Ramchandra Bajare, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail for alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The State opposed the bail but did not contest the applicant’s request to withdraw the application. The applicant’s counsel sought leave to withdraw, which was unopposed by the State. The Court, after hearing the parties, granted leave to withdraw the anticipatory bail application. Consequently, the application was dismissed as withdrawn.

Issues considered

  • Whether an anticipatory bail application filed under Section 482 BNSS 2023 can be withdrawn at the applicant’s request
  • Whether the Court has jurisdiction to entertain a withdrawal of an anticipatory bail application

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of application
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                                                          2-ABA-503-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                       CRIMINAL APPELLATE JURISDICTION

               CR. ANTICIPATORY BAIL APPLN. NO. 503 OF 2026

Suryakant Ramchandra Bajare                           … Applicant
                       Versus
The State of Maharashtra & Anr.                       … Respondents


                               ——————
Mr. Vishwanath Talkute for the Applicant.
Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondents-State.
Mr. Unmesh Jamdar i/b. Mr. Abhishek Fanase for Intervenor / Complainant.
Officer : HC/1701 G.G. Gholve, Malshiras Police Station, present.
                               ——————

                                  Coram :      ASHWIN D. BHOBE, J.

                                  Date     :   8th September 2026.

PER COURT :


1.    Heard Mr. Vishwanath Talkute, learned Advocate for the Applicant and

Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondents-State.


2.    By the present Application under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (BNSS) the Applicant has sought for the following

substantive relief :


         “a)   This Hon'ble Court be pleased to enlarge the Applicant on
               Anticipatory Bail in respect of FIR No. 344 of 2026


osk                               1 of 2
                                                                                      2-ABA-503-2026 (CR).docx


                                            registered with the Malshiras Police Station, Malshiras, Dist.
                                            Solapur, for for offences punishable under Ss. 118(1), 333,
                                            115(2), 189(2), 191(2), 191(3), 190, 351(2) & 352 of the
                                            Bharatiya Nyaya Sanhita, 2023.”



                              3.    After having heard the matter for some time, Mr. Vishwanath Talkute,

                              learned Advocate for the Applicant sought a pass over to take instructions

                              from the Applicant.


                              4.    After some time, at the request of Mr. Vishwanath Talkute, learned

                              Advocate for the Applicant, this Application was taken up.


                              5.    Mr. Vishwanath Talkute, learned Advocate for the Applicant, on

                              instructions from the Applicant, seeks leave to withdraw the present

                              Anticipatory Bail Application.      This request is not opposed by Ms.

                              Mahalakshmi Ganpathy, learned A.P.P. for the Respondents-State.


                              6.    In view of the statement made by Mr. Vishwanath Talkute, learned

                              Advocate for the Applicant, leave is granted to withdraw the present

                              Anticipatory Bail Application.


                              7.    Anticipatory Bail Application No. 503 of 2026 is dismissed as

                              withdrawn.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR
SHIVAHAR
           KUMBHAKARN                                               [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
           2026.09.08
           19:42:41
           +0530



                              osk                               2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.