Bombay High Court
DATTATRAY ANNASO LAMBEversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that leave to withdraw an anticipatory bail application may be granted when the applicant requests it and there is no opposition.
Summary
The applicant, Dattatray Annaso Lambe, filed an anticipatory bail application in connection with a complaint lodged under sections of the Bombay Police Act and the Maharashtra Prevention of Malpractices at University Board and Other Specified Examination Act, 1982. After the hearing, the applicant’s counsel sought to withdraw the anticipatory bail application. The State’s counsel did not oppose the withdrawal. The Court, noting the applicant’s request and the lack of opposition, granted leave to withdraw the application. Consequently, the anticipatory bail application was disposed of as withdrawn.
Issues considered
- Whether an anticipatory bail application may be withdrawn at the request of the applicant
Legislation cited
- Bombay Police Act (BNS) — s. 318(4), 3(5), 62
- Maharashtra Prevention of Malpractices at University, Board and Other Specified Examination Act, 1982 — s. 6, 8
Subjects
- anticipatory bail
- withdrawal
- criminal procedure
- Maharashtra Prevention of Malpractices Act
- bail
Judgment
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17-ABA-60-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 60 OF 2026
Dattatray Annaso Lambe …...Applicant
VERSUS
State Of Maharashtra And Anr. …...Respondents
_________________________________________________________________
Mr. Bharat Sonule, for Applicant.
Mr. C. D. Mali, APP, for Respondent Nos.1 and 2 - State.
PSI, Mr. Pramod Chavan, SDPO Karveer Office, Kolhapur, present.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.09
21:39:16
CORAM : ASHWIN D. BHOBE, J.
+0530
DATE : 8th SEPTEMBER, 2026.
P.C.
1. Heard Mr. Bharat Sonule, learned Advocate for the Applicant,
and Mr. C. D. Mali, learned APP for Respondent Nos.1 and 2 – State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“a) That this Hon’ble Court be pleased to release the Applicant
on suitable bail in connection with C.R. No.361 of 2025
dated 23.11.2025 registered with Murgud Police Station,
Dist. Kolhapur, on the basis of a Complaint by police
constable Yuvraj Bhivaji Patil, for offences punishable
under Section 62, 318(4), 3(5) of BNS, Section 6 and 8 of
Shantanu S. Dhudum
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17-ABA-60-2026(CR).DOC
Maharashtra Prevention of Malpractices at university Board
and other specified examination Act 1982. on terms and
conditions as this Hon’ble Court may deem fit and proper.”
3. After having heard the matter for sometime, Mr. Bharat Sonule,
learned Advocate for the Applicant, sought a pass over to take instructions
from the Applicant. At his request, this Application was taken up after
sometime.
4. Mr. Bharat Sonule, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the present
Anticipatory Bail Application.
5. This request is not opposed by Mr. C. D. Mali, learned APP, for
Respondent Nos.1 and 2 – State.
6. In view of the statement made by Mr. Bharat Sonule, learned
Advocate for the Applicant, leave is granted to withdraw the present
Anticipatory Bail Application.
7. Anticipatory Bail Application No.60 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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