Bombay High Court

XYZversusTHE STATE OF MAHARASHTRA

Decided: 6 February 2026
Disposal: Allowed To be withdrawn
Bench: MADHAV JAMDAR

Holding

The Court held that the anticipatory bail application can be withdrawn at the applicant's request.

Summary

The applicant, XYZ, filed an anticipatory bail application under the Criminal Procedure Code. The applicant later instructed counsel, Mr. Abhijit Sarwate, to withdraw the application. The respondent, the State of Maharashtra, was represented by Ms. G.P. Mulekar. The Court considered whether a party may unilaterally withdraw an anticipatory bail petition once filed. Finding no legal impediment to such withdrawal, the Court allowed the application to be withdrawn. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

Whether an anticipatory bail application may be withdrawn by the applicant after filing

Subjects

anticipatory bail
withdrawal
Criminal Procedure Code
court procedure

Judgment

                                                                                     909-APPLN-34-2026-.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                           CRIMINAL APPLICATION NO. 34 OF 2026
                          XYZ                                                 …Applicant
                                Versus
                          The State Of Maharashtra                            …Respondent
         Digitally
         signed by
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
                               Mr Abhijit Sarwate, for Applicant.
TALEKAR  Date:
         2026.02.09
         20:42:56
         +0530
                               Ms. G.P. Mulekar, APP, for Respondent.


                                         CORAM       : MADHAV J. JAMDAR, J.
                                         Date        : 6th February, 2026

                          PC :


                          1.           Mr. Sarwate, Learned Counsel appearing for the Applicant, on

                          instructions, of the Applicant seeks withdrawal of the anticipatory bail

                          application.

                          2.           Accordingly, the Anticipatory Bail Application is allowed to be

                          withdrawn and disposed of as such.


                                                                         [ MADHAV J. JAMDAR, J.]




                                                             Page 1 of 1
                                                         6th February, 2026
               Shraddha

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