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Bombay High Court

SANJAY SHANKAR KALEKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

An anticipatory bail application may be withdrawn by the applicant with liberty to file a fresh application.

Summary

Sanjay Shankar Kalekar filed an anticipatory bail application before the Bombay High Court. The applicant's counsel sought to withdraw the application because the criminal antecedents of the applicant were not disclosed in the filing. The court considered whether the application could be withdrawn and whether the applicant could be given liberty to file a fresh application. It held that the applicant may withdraw the anticipatory bail application and be permitted to file a fresh one. Consequently, the application was disposed of as withdrawn with liberty to file a fresh application.

Issues considered

  • What is the procedure for withdrawing an anticipatory bail application?
  • Can the applicant be granted liberty to file a fresh anticipatory bail application after withdrawal?

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • high court

Judgment

                                                           1              110-ABA 530-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                     ANTICIPATORY BAIL APPLICATION NO.530 OF 2026

                       Sanjay Shankar Kalekar                        … Applicant
                             Vs.
                       The State of Maharashtra                      … Respondent
                                                           -----
                       Mr. Sohail Ahmed for the Applicant.
                       Mrs. Shilpa G. Talhar, APP for the Respondent-State.
                       PSI Sathe, Dadar PS is present.
                                                           -----

                                                         CORAM :     N.R. BORKAR, J.
                                                         DATE    :   04TH MARCH 2026
                       P.C. :

          Digitally
          signed by
          MUGDHA       1.       Mentioned out of turn.
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.03.04
          18:25:19
          +0530
                       2.       As the criminal antecedents against the present Applicant are not
                       disclosed in the present Application, Learned Counsel for the Applicant
                       seeks leave to withdraw the present Application with liberty to file a fresh
                       application.


                       3.       The Anticipatory Bail Application is disposed of as withdrawn with
                       liberty as sought.


                                                                     (N.R. BORKAR, J.)




                            Mugdha                                                             1 of 1


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