Bombay High Court

ZEESHAN JAAN MOHAMMAD SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED
Bench: R M JOSHI

Holding

The anticipatory bail application was dismissed as infructuous because the applicant was already arrested.

Summary

The petitioner, Zeeshan Jaan Mohammad Shaikh, filed an anticipatory bail application (No. 554 of 2026) before the Bombay High Court, Aurangabad Bench. The applicant was already in police custody at the time of filing. Counsel for the applicant argued that the application had become infructuous because of the existing arrest. The court examined whether an anticipatory bail petition can proceed when the applicant is already detained. Finding that the purpose of anticipatory bail is to preempt arrest, the court held that the petition was moot. Consequently, the application was dismissed as infructuous.

Issues considered

Can an anticipatory bail application be entertained when the applicant is already in custody?

Subjects

anticipatory bail
infructuous
criminal procedure
bail jurisdiction
custody

Judgment

2026:BHC-AUG:24235




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 554 OF 2026

                                  Zeeshan Jaan Mohammad Shaikh
                                              VERSUS
                                The State Of Maharashtra And Another

           Mr. Pranav Dhakne h/f Mr. A. N. Sabnis, Advocate for applicant
           Ms. P. J. Bharad, APP for respondent-State

                                                 CORAM     : R. M. JOSHI, J.
                                                 DATE      : 22nd JUNE, 2026

           PER COURT :-


           1.             Learned counsel for the applicant submits that since the

           applicant is already arrested, application has become infructuous.


           2.             In view of the same, application stands dismissed as

           infructuous.



                                                                (R. M. JOSHI, J.)

           B. S. Joshi




           2-ABA-554-2026.odt                                                   1 of 1

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