Bombay High Court

ASHA HITESH KOTHARIversusHITESH K KOTHARI

Decided: 10 September 2026
Disposal: Disposed off as Withdrawn

Holding

The application for cancellation of anticipatory bail was dismissed as withdrawn.

Summary

The applicant, Asha Hitesh Kothari, filed a criminal application seeking cancellation of an anticipatory bail order previously granted. The trial in the underlying case had progressed to the stage of judgment. Counsel for the applicant requested permission to withdraw the cancellation application, arguing that further proceedings were unnecessary. The respondent's counsel opposed the withdrawal. The High Court, after considering the request, dismissed the application as withdrawn. No substantive merits of the cancellation were addressed as the application was withdrawn.

Issues considered

Whether the court can entertain a cancellation of anticipatory bail application when the trial has reached the judgment stage
Whether the applicant may withdraw the cancellation application at this stage

Subjects

anticipatory bail
cancellation
withdrawal of application
criminal procedure
high court

Judgment

                                                    903-CRAPPLN-322-2026.ODT




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPLICATION NO. 322 OF 2026
Asha Hitesh Kothari                                        …Applicant
      Versus
Hitesh K. Kothari                                          …Respondent


Adv. Afsar Ansari a/w Adv. Chaitnya Bagul i/b Adv. Vishal
Rankhambe, for the Applicant.
Ms. Megha S. Bajoria, A.P. P., for the Respondent – State.
PSI Ravindra Kadam, Kashimira Police Station, is present.


                          CORAM :          PRAFULLA S. KHUBALKAR, J.
                          DATE        :     10th September 2026
P.C:-

1.          Learned counsel for the applicant states that although the

applicant has filed the instant application for cancellation of

anticipatory bail application, however, in view of the fact that the

trial itself has reached the stage of judgment, learned counsel for

the applicant seeks permission to withdraw the application.

2.          Accordingly, the instant application is dismissed as

withdrawn.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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                              10 September 2026

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