Bombay High Court

SAGAR ALIAS PREMSAGAR ASHOK PAGAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

Anticipatory bail cannot be granted once the applicant has been arrested; the application is dismissed as infructuous.

Summary

Sagar @ Premsagar Ashok Pagare filed an anticipatory bail application before the Bombay High Court, Aurangabad Bench. While the matter was pending, the applicant was arrested by the police. Counsel for the applicant informed the court that, because the applicant was already in custody, the anticipatory bail application could no longer be entertained. The court examined whether an anticipatory bail petition remains viable after the applicant’s arrest. Concluding that anticipatory bail is intended to prevent arrest and is therefore moot once arrest has occurred, the court dismissed the application as infructuous.

Issues considered

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

Subjects

anticipatory bail
criminal procedure
custody
infructuous application

Judgment

                                -1-
                                                      aba906.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

        ANTICIPATORY BAIL APPLICATION NO. 906 OF 2026

Sagar @ Premsagar Ashok Pagare                 .. Applicant

VERSUS

The State of Maharashtra & another             .. Respondents


Mr. R. A. Tambe, Advocate for the Applicant.
Mr. M. K. Goyanka, APP for the State.

                              CORAM : R. M. JOSHI, J.
                              DATE : 12th JUNE, 2026.
PER COURT :


1.    Not on board. Taken on board.

2.    Learned counsel for Applicant, on instructions, makes a

statement that since the Applicant is already arrested, application

has become infructuous. He, therefore, seeks disposal of the same.

3.    In view of the above, application stands dismissed as

infructuous.



                                               ( R. M. JOSHI, J.)

dyb

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