Bombay High Court
Eram Anwar DholkiyaversusThe State of Maharashtra
- Decided
- Disposal
- Allowed To be withdrawn
- Bench
- PRAFULLA S KHUBALKAR
Holding
An acquittal of the main accused renders a pending application for cancellation of anticipatory bail infructuous and it must be disposed of.
Summary
The applicant, Eram Anwar Dholkiya, filed a criminal application seeking cancellation of anticipatory bail that had been granted earlier. The applicant argued that the main accused had been acquitted by the trial court on 1 July 2026, rendering the request for cancellation moot. The learned counsel for the respondent, the State of Maharashtra, opposed the application. Justice Prafula S. Khubalkar examined whether a cancellation of anticipatory bail could be entertained after the acquittal of the accused. Finding that the acquittal made the relief sought by the applicant unnecessary, the court held the application to be infructuous. Consequently, the application was disposed of as infructuous.
Issues considered
- What is the effect of an acquittal of the main accused on a pending application for cancellation of anticipatory bail?
Subjects
- anticipatory bail
- cancellation
- acquittal
- criminal procedure
- application disposed
Judgment
8-CRAPPLN-21-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 21 OF 2026
Eram Anwar Dholkiya …Applicant
Versus
The State of Maharashtra …Respondent
Adv. Ramji Tukaram Kotali (Through V.C.), for the Applicant.
Mr. B. V. Holambe-Patil, A.P. P., for the Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 2ND JULY 2026
P.C:-
1. Learned counsel for applicant submits that the main
accused person has been acquitted by the Trial Court on 1st July
2026 and therefore, the instant application for cancellation of
anticipatory bail has become infructuous.
2. In view of this, application is disposed of as infructuous.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
Page 1 of 1
2nd July 2026
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