Bombay High Court

SANDIP SOMNATH HIRAYversusSTATE OF MAHARASHTRA

Decided: 23 January 2026
Disposal: Allowed To be withdrawn
Bench: MADHAV JAMDAR

Holding

The Court allowed the withdrawal of the anticipatory bail application and directed that the interim protection continue until 6 February 2026.

Summary

Sandip Somnath Hiray filed an anticipatory bail application before the Bombay High Court. The State of Maharashtra, through its learned Assistant Public Prosecutor, contended that the applicant had a prior antecedent which was not disclosed in the application. The applicant's counsel sought to withdraw the present anticipatory bail application and file a fresh one with full disclosure, while requesting that the interim protection already granted continue. The Court permitted the withdrawal of the anticipatory bail application and ordered that the interim protection remain effective until 6 February 2026. No substantive merits of the antecedent were adjudicated, as the matter was disposed on procedural grounds.

Issues considered

What is the appropriate procedure when an anticipatory bail application is filed without disclosing a material antecedent?
Can an anticipatory bail application be withdrawn and a fresh application filed, while retaining interim protection?

Subjects

anticipatory bail
withdrawal
interim protection
criminal procedure
High Court

Judgment

                                                          904-ABA-605-2025.doc


                                                                 Arjun

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO.605 OF 2025
Sandip Somnath Hiray                                     …Applicant
      Versus
The State of Maharashtra                                 …Respondent
_______________________________________________________________
Mr. Rameshwar Navanath Gite, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State.
P.S.I. Dattu R. Khule, EOW, Nashik Rural, present.
_______________________________________________________________

                                CORAM: MADHAV J. JAMDAR, J.
                                DATED: 23 JANUARY 2026

P.C.:
1.      At the outset, Ms. Yadav, learned APP, for the Respondent-State of

Maharashtra, states that there is one antecedent against the Applicant,

however, the same has not been disclosed in the Anticipatory Bail

Application.

2.      In view of the said contention raised by Ms. Yadav, learned APP,

Mr. Gite, learned Counsel appearing for the Applicant, seeks withdrawal

of the Anticipatory Bail Application with liberty to file a fresh

Anticipatory Bail Application by giving all the particulars of the

antecedents. He only requests that ad-interim protection which is

already in operation be continued for some time.

3.      Accordingly, the Anticipatory Bail Application is allowed to be

withdrawn and disposed of as such with liberty as sought.



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                                                   904-ABA-605-2025.doc


4.    Ad-interim protection which is in operation shall remain in

operation till 6th February 2026.



                                        [MADHAV J. JAMDAR, J.]




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