Bombay High Court
SANTRAM S/O. MOHINDER SINGHversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed Off
Holding
The anticipatory bail application is dismissed for non‑prosecution due to the applicant's and counsel's absence, and the applicant may file a fresh application complying with the law.
Summary
Santram applied for anticipatory bail (CrPC s.438) before the Sessions Court, but his application was rejected because he failed to state his full name, rendering the police unable to identify him. He subsequently filed a fresh anticipatory bail application (No. 505 of 2026) in the Bombay High Court. Both the applicant and his counsel were absent when the matter was called, and no representation was made either in person or via video conference. Relying on the earlier defect and the applicant's non‑appearance, the High Court dismissed the application for non‑prosecution, noting that the earlier dismissal was not on merits. The court clarified that the applicant remains free to file a new anticipatory bail application before the Sessions Court, provided it complies with statutory requirements.
Issues considered
- What is the effect of the applicant's failure to appear or be represented in court on the pending anticipatory bail application?
- Does the defect of not furnishing the full name in the anticipatory bail application justify dismissal without considering merits?
Subjects
- anticipatory bail
- non‑prosecution
- procedural default
- CrPC Section 438
- high court
- sessions court
- bail application
Judgment
904-ABA-505-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 505 OF 2026
Santram S/o. Mohinder Singh …...Applicant
Versus.
The State of Maharashtra & Anr. …...Respondents
-----
None for Applicant.
Mr. S.H. Yadav, A.P.P. for Respondents-State.
Officer : PC/2530 Mr. Nikhil A. Gaikwad, Phaltan City Police Station, present.
-------
Coram : ASHWIN D. BHOBE, J.
Date : 6th October 2026.
PER COURT :
1. This application is at Serial No. 904 on the “Supplementary List”.
2. On 9th September 2026, the following order was passed:
“1. When this Application was called out, neither the Applicant nor
the Advocate on record was present, either in person or via V.C.
mode.
2. As this Application is for pre-arrest bail, perused the record.
3. Issue notice to the Respondents.
4. Ms. Deshmukh, learned A.P.P. appears, waives service of notice for
osk 1 of 4
904-ABA-505-2026 (CR).docx
the Respondents-State and states that in view of the absence of
the Advocate for the Applicant, this matter be taken up in the
month of October 2026.
5. List on 5th October 2026.”
3. On 5th October 2026, the following order was passed:
“At the request of Learned Applicant, list the matter on 06/10/2026,
Interim order, if any, to continue till then.”
4. Today, when this application was called out, neither the Applicant nor
the Advocate for the Applicant was present in Court, either physically or
through V.C. mode.
5. Mr. Yadav, learned A.P.P. for the Respondents-State, refers to Exhibit “B”
at page 30, wherein the Sessions Court dismissed Criminal Bail Application
No. 148 of 2026 on 13th August 2026 by the following order:
“1] The applicant/accused has not mentioned his full name on the
anticipatory bail application. The notice was issued to the police on
this anticipatory bail application. The police have filed their reply
that they cannot identify the accused. So they cannot file their reply.
2] As the applicant/accused has not mentioned his full name on the
anticipatory bail application, this application cannot be allowed and
so rejected.”
osk 2 of 4
904-ABA-505-2026 (CR).docx
6. Mr. Yadav, learned A.P.P. for the Respondents-State, submits that, in
view of the defects in the Application for Anticipatory Bail, which are fatal to
the Applicant's case, the Sessions Court has rejected the Application. He
submits that no fault can be found with the rejection order dated 13 th August
2026.
7. Mr. Yadav, learned A.P.P. for the Respondents-State, states that in the
event the Applicant intends to apply for Anticipatory Bail, he would have to
comply with the requirements of law, which would include furnishing his full
name, complete address, all necessary particulars and thereafter approach
the Sessions Court. He submits that if the Applicant complies with the said
requirement, the Applicant can renew his request before the Sessions Court.
8. Mr. Yadav, learned A.P.P. for the Respondents-State, submits that in view
of the unjustified absence of the Advocate for the Applicant and for the
reasons recorded in the Order dated 13 th August 2026, this application be
dismissed.
9. In view of the absence of the Applicant / Advocate for the Applicant
today, this Court has no alternative but to accept the submission made by Mr.
Yadav, learned A.P.P. for the Respondents-State, and dismiss this Application
for non-prosecution.
osk 3 of 4
904-ABA-505-2026 (CR).docx
10. Though this Application is dismissed for non-prosecution, the dismissal
of the Criminal Bail Application No. 148 of 2026 filed by the Applicant before
the Sessions Court not being on merits, the Applicant is always at liberty to
file a fresh Application for Anticipatory Bail before the Sessions Court, subject
to compliance with the requirements of law. If such an Application is filed by
the Applicant before the Sessions Court, it shall be considered on its own
merits and in accordance with law.
11. The Anticipatory Bail Application No. 505 of 2026 is dismissed for non-
prosecution.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.07
10:51:02
+0530
osk 4 of 4
Checking your session…