Bombay High Court
MARGRET THOMAS D SOUZA AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The court held that the appeal may be withdrawn with liberty to seek anticipatory bail, and any such application shall be decided by the appropriate special or sessions court on its merits.
Summary
The appellants, Margret Thomas D’Souza & Anr., filed Criminal Appeal No.813 of 2026 before the Bombay High Court challenging a decision of the State of Maharashtra. They sought leave to withdraw the appeal and requested liberty to file an application for anticipatory bail before a special court or sessions court. The learned counsel for the appellants moved the court for this relief. The court considered the request and permitted the withdrawal of the appeal, granting the appellants liberty to file an anticipatory bail application. It directed that any such anticipatory bail application, if filed, shall be decided by the special court or sessions court on its own merits. Consequently, the appeal was disposed of as withdrawn.
Issues considered
- Whether the appellants may be granted leave to withdraw the criminal appeal and be given liberty to file an anticipatory bail application before a special court or sessions court
Subjects
- withdrawal of appeal
- anticipatory bail
- criminal procedure
- high court
- special court
Judgment
1 15-APEAL 813-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.813 OF 2026
Margret Thomas D’Souza & Anr. … Appellants
Vs.
The State of Maharashtra & Anr. … Respondents
-----
Mr. Amol Mhatre a/w Dilip Shinde a/w Vinay Chavan for the Appellants.
Mr. P. H. Gaikwad, APP for Respondent No.1-State.
PSI B. U. Pagare, Vasai PS, ACP Devendra Pol, Vasai Division are present.
-----
Digitally CORAM : N.R. BORKAR, J.
signed by
MUGDHA
MUGDHA MANOJ
PARANJAPE
DATE : 28TH SEPTEMBER 2026
MANOJ
PARANJAPE Date:
2026.09.28 P.C. :
15:27:45
+0530
1. Learned Counsel for the Appellants seeks leave to withdraw the
present Appeal with liberty to file application for anticipatory bail before
the special court/sessions court.
2. The Criminal Appeal is disposed of as withdrawn with liberty as
sought.
3. If such application is filed, the special court/sessions court shall
decide the same on its own merits.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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