Bombay High Court
SUYOG ALIAS SUSHIL MADHUKAR SOLUNKEversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- R M JOSHI
Holding
Anticipatory bail applications become infructuous and are not maintainable once the applicant is already in custody.
Summary
The petitioner, Suyog alias Sushil Madhukar Solunke, filed two anticipatory bail applications (Nos. 531 and 534 of 2026) before the High Court of Bombay, Aurangabad Bench, seeking protection from arrest by the State of Maharashtra. While the applications were pending, the petitioner was arrested by the police. The learned counsel for the petitioner submitted that the applications had become infructuous due to the arrest. The Court examined whether an anticipatory bail application can continue when the applicant is already in custody. It held that anticipatory bail is no longer applicable once the applicant is arrested, rendering the applications infructuous. Consequently, the Court disposed of both applications as infructuous.
Issues considered
- Whether an anticipatory bail application remains maintainable after the applicant has been arrested
Subjects
- anticipatory bail
- infructuous
- arrest
- criminal procedure
- bail
Judgment
2026:BHC-AUG:24223
88-ABA-531-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 531 OF 2026
Suyog Alias Sushil Madhukar Solunke
VERSUS
The State Of Maharashtra
WITH ANTICIPATORY BAIL APPLICATION NO. 534 OF 2026
Suyog Alias Sushil Madhukar Solunke
VERSUS
The State Of Maharashtra
…
Mr. A. K. Bhosle, Advocate for Applicants
Mr. S. G. Joshi, APP for Respondents
...
CORAM : R.M. JOSHI, J
DATE : JUNE 22, 2026
PC :
1. Learned Counsel for Applicant, on instructions, submits that
Applicant is arrested and as such, applications have become infructuous.
2. In view of this, Applications stand disposed of as infructuous.
(R. M. JOSHI, J.)
Malani
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