Bombay High Court

ANJURAKHATUN FAZUL REHMAN FAKIRversusTHE STATE OF MAHARASHTRA

Decided: 17 February 2026
Disposal: Disposed off as Withdrawn
Bench: NEELA KEDAR GOKHALE

Holding

The bail application was disposed of as withdrawn, with liberty to file a fresh application if the trial is not concluded within three months.

Summary

Anjurakhatun Fazul Rehman Fakir applied for bail in a case involving alleged violations of Sections 3 and 4 of the Passport Act, 1920 and Sections 13, 14A and 14B of the Foreigners Act, 1946. The State indicated that the charges were framed and only nine witnesses would be examined, with the next trial date set for 25 February 2026. The applicant’s counsel sought permission to withdraw the bail application, requesting liberty to file a fresh application if the trial was not concluded within three months of the order. The Court granted permission to withdraw the bail application with the stipulated liberty. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether a bail application may be withdrawn with liberty to file a fresh application if the trial is not concluded within a specified period

Legislation cited

Foreigners Act, 1946 — s. 13, 14A, 14B

Subjects

bail
passport act
foreigners act
withdrawal of bail application
criminal procedure

Judgment

                                                   1-BA-552-2026.DOC




Ajit Pathrikar



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 552 OF 2026
Anjurakhatun Fazul Rehman Fakir                     ...Applicant
      Versus
State Of Maharashtra                                ...Respondent

Ms. Jindagi Shah i/b Husen Shaikh, for the Applicant.
Ms. Megha S. Bajoria, APP for the State-Respondent.
PSI – Arjun P. Dandegaonkar, Khadakpada Police Station, is
      present.


                       CORAM            DR. NEELA GOKHALE, J.
                       DATED:           17th FEBRUARY 2026
PC:-


1.        The Applicant seeks her release on bail in connection

with C.R. No. 342 of 2025 dated 2nd May 2025 registered with

Khadakpada Police Station for the offences punishable under

Sections 3 and 4 of the Passport Act, 1920 and Sections 13,

14A and 14B of the Foreigners Act, 1946.



2.        Ms. Megha Bajoria, learned APP, at the outset, submitted

that the charges are framed and the prosecution intends to




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examine only nine witnesses. On instructions, she states that

the next date before the Trial Court is 25th February 2026.



3.    In view of the statement made by Ms. Bajoria, Ms.

Jindagi Shah, learned counsel for the Applicant, seeks

permission to withdraw the present Bail Application with

liberty to file a fresh bail application if the trial is not

concluded within a period of three months from the date on

which this order is produced before the Trial Court.



4.    Permission to withdraw is granted with the aforesaid

liberty.



5.    The Bail Application is accordingly disposed of as

withdrawn.



                                              (Dr. Neela Gokhale, J)




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