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Bombay High Court

RAMESH MARUTI SHINDEversusTHE STATE OF MAHARASHTRA

Disposal
DISMISSED

Holding

Anticipatory bail applications filed after the applicant’s arrest are infructuous and must be dismissed.

Summary

The applicant, Nilesh Nitin Kadam, filed four anticipatory bail applications (Nos. 965, 966, 967, 968 of 2026) before the Bombay High Court, Aurangabad Bench. During the pendency of the applications, the applicant was arrested, leading the court to consider the effect of the arrest on the pending applications. The court held that the applications filed after the applicant’s arrest (Nos. 966, 967, 968) became infructuous and dismissed them. The remaining application (No. 965) was listed for hearing on 29 August 2026 as a last chance. No substantive reasoning or statutory analysis was provided beyond the procedural observation.

Issues considered

  • Whether an anticipatory bail application becomes infructuous if the applicant is arrested during its pendency
  • Whether the court should dismiss such applications

Subjects

  • anticipatory bail
  • arrest
  • infructuous application
  • Criminal Procedure Code
  • high court

Judgment

                                  -1-
                                                         aba965.26.odt

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

     924 ANTICIPATORY BAIL APPLICATION NO. 965 OF 2026 WITH
       ANTICIPATORY BAIL APPLICATION NO. 967 OF 2026 WITH
       ANTICIPATORY BAIL APPLICATION NO. 966 OF 2026 WITH
          ANTICIPATORY BAIL APPLICATION NO. 968 OF 2026

Nilesh Nitin Kadam                                ….Applicant

VERSUS

The State of Maharashtra                          …..Respondent

Mr. Y. C. Patil, Advocate for Applicant
Mr. A. R. Kale, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 19th AUGUST, 2026.
PER COURT :


1.     Learned Counsel for Applicants in Anticipatory Bail Application
Nos. 967/2026, 966/2026 and 968/2026 makes a statement on
instructions that the Applicants are arrested during the pendency of
the applications and as such, nothing survives in the applications.


2.     Anticipatory Bail Application Nos.   967/2026, 966/2026 and
968/2026 stand dismissed as infructuous.


3.     At the request of learned APP, list Anticipatory Bail Application
No. 965/2026 on 29.08.2026, by way of last chance.



                                                  ( R. M. JOSHI, J.)

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