Bombay High Court

SWAPNIL SHIVAJI BAGALversusSTATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The court held that an anticipatory bail application can be withdrawn upon the applicant's request, provided the court is satisfied with the voluntary nature of the withdrawal.

Summary

The applicant, Swapnil Shivaji Bagal, filed an anticipatory bail application before the Bombay High Court. During the hearing, the applicant's counsel sought leave to withdraw the application. The court considered the counsel's submission and examined whether a withdrawal of an anticipatory bail petition is permissible. It held that a party may withdraw an anticipatory bail application if the court is satisfied that the withdrawal is voluntary and no prejudice is caused. Consequently, the court allowed the withdrawal and disposed of the application.

Issues considered

Whether an anticipatory bail application may be withdrawn by the applicant after filing.

Subjects

anticipatory bail
withdrawal of application
criminal procedure
High Court
Bail

Judgment

                                                                            8-ABA-523-2026 (CR).doc


                      Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                ANTICIPATORY BAIL APPLICATION NO. 523 OF 2026

                                             Swapnil Shivaji Bagal
                                                     versus
                                            The State of Maharashtra
                      _________________________________________________________________

                      Mr. Kalpesh Khpade i/b. Mr. Sachin Thombare, Advocate for Applicant.
                      Ms. Ranjana D. Humane, APP for Respondent-State.
                      _________________________________________________________________

                                                         CORAM        :   SHIVKUMAR DIGE, J.
                                                         DATE         :   17th JUNE, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant and learned APP for

                      respondent-State.

                      2.         Learned counsel for the applicant, on instructions, seeks leave

                      to withdraw the application.

                      3.         Considering the submission of learned counsel for the applicant,

                      the application is allowed to be withdrawn and disposed of.



                                                                    (SHIVKUMAR DIGE, J.)




SHUBHADA
SHANKAR
KADAM
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.06.17
18:52:12 +0530




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