Bombay High Court

QASIM RASHID KHANversusSTATE OF MAHARASHTRA

Decided: 17 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court permitted the withdrawal of the anticipatory bail application with liberty to file a fresh application after full disclosure of criminal antecedents.

Summary

The applicant, Qasim Rashid Khan, filed an anticipatory bail application before the Bombay High Court. He sought permission to withdraw the application and to file a fresh one after fully disclosing his criminal antecedents, relying on the Supreme Court decision in Zeba Khan v. State of Uttar Pradesh (2026). The learned counsel for the applicant made the request, and the respondent's counsel opposed. The Court examined whether the withdrawal could be allowed in light of the precedent. It held that the withdrawal could be permitted provided the applicant complied with the condition of full disclosure. Consequently, the Court granted the request, allowing the applicant to withdraw the present application and file a fresh one with the stipulated liberty.

Issues considered

What is the appropriate procedure for withdrawing an anticipatory bail application?
Whether the Court can condition the withdrawal on the applicant’s disclosure of criminal antecedents in line with the Supreme Court precedent?

Subjects

anticipatory bail
withdrawal of application
criminal antecedents
Supreme Court precedent
Bombay High Court

Judgment

                                                            502-ABA-900-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 900 OF 2026
Qasim Rashid Khan                                              ...Applicant
            V/S.
The State Of Maharashtra                                       ...Respondent
_____________________________________________________________
Adv. Sumit D. Sharma i/b Akhilesh Kumar Pandey, for the Applicant.
Adv. Ashok S. Gawai, APP for the Respondent – State.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 17TH SEPTEMBER, 2026.

P.C. :-

1.        Learned counsel for the applicant seeks permission to withdraw

the instant application with liberty to file a fresh application after disclosing

all the criminal antecedents, in accordance with the judgment of Hon’ble

Supreme Court in the matter of Zeba Khan versus State of Uttar Pradesh

2026 SCC Online SC 188.

2.        The instant application is permitted to be withdrawn with liberty

as prayed for.




                                       (PRAFULLA S. KHUBALKAR, J.)




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