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Bombay High Court

SWAPNIL TANAJI JADHAV ALIAS LALA SHETHversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and disposed of it.

Summary

The applicant, Swapnil Tanaji Jadhav, filed an anticipatory bail application seeking release on bail for alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. During the hearing, the applicant’s counsel requested a brief adjournment to consult the client and subsequently sought permission to withdraw the bail application. The State’s counsel did not oppose the withdrawal. The Court, after noting the request, granted leave to withdraw the anticipatory bail application. Consequently, the anticipatory bail application was disposed of without any order on bail. The decision underscores the court’s discretion to allow withdrawal of bail applications upon request of the applicant.

Issues considered

  • Whether an anticipatory bail application may be withdrawn at the request of the applicant
  • Whether the court should grant leave to withdraw the anticipatory bail application

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • court discretion

Judgment

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                                                                                  4-ABA-525-2026 (CR).DOC


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

                                            CRIMINAL APPELLATE JURISDICTION

                                      CR. ANTICIPATORY BAIL APPLN. NO. 525 OF 2026

                         Swapnil Tanaji Jadhav Alias Lala Sheth                     …...Applicant
                               VERSUS
                         State Of Maharashtra And Anr.                              …...Respondents

                         _________________________________________________________________


                         Mr. Pritesh Kharade a/w Mr. Sajid Ahmed Bagwan, for Applicant.
                         Mr. Nitin B. Patil, APP, for Respondent Nos.1 and 2 - State.
                         Officer, Mr. Pratik Pratap Shinde, Juna Rajwada Police Station, Kolhapur,
                         present.
                         _________________________________________________________________

          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.15
          17:25:29
          +0530
                                            CORAM        :   ASHWIN D. BHOBE, J.
                                            DATE         :   15th SEPTEMBER, 2026.
                         P.C.


                         1.          Heard Mr. Pritesh Kharade, learned Advocate for the Applicant

                         and Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 - State.


                         2.          By the present Application, the Applicant has sought the

                         following substantial relief:


                                “(a) In the event of arrest of the Applicant in C.R. No.384 of
                                     2026 registered with Juna Rajwada Police Station for
                                     the alleged offences punishable under Sections 138,
                                     140(2), 140(3), 3(5), 308(2), 308(5), 333, 351(2) and
                                     352 of the Bharatiya Nyaya Sanhita, 2023; Applicant

                Shantanu S. Dhudum
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                                                                    4-ABA-525-2026 (CR).DOC


                     may be released on Anticipatory Bail on such terms and
                     conditions as this Honourable Court may deem fit and
                     proper.”


         3.          After having heard the matter for sometime, Mr. Pritesh Kharade,

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

         from the Applicant. After sometime, at his request, the matter was taken

         up.


         4.          Mr. Pritesh Kharade, learned Advocate for the Applicant, on

         instructions from the Applicant, on instructions from the Applicant, seeks

         leave to withdraw the present Anticipatory Bail Application.


         5.          This request is not opposed by Mr. Nitin B. Patil, learned A.P.P. for

         Respondent Nos.1 and 2 - State.


         6.          In view of the statement made by Mr. Pritesh Kharade, learned

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

         Application.


         7.          Criminal Anticipatory Bail Application No.525 of 2026 is

         disposed of.




                                                        ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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