Bombay High Court

MAHESH NIVRUTTI GOGAWALEversusTHE STATE OF MAHARASHTRA

Decided: 23 January 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

An anticipatory bail application may be withdrawn by the applicant, resulting in its dismissal and the disposal of any related interim application.

Summary

The Bombay High Court examined an anticipatory bail application filed by Shreeyash Manik Jagtap in connection with C.R. No.178 of 2025, where all accused had surrendered. Earlier, the court had declined pre‑arrest bail, citing the seriousness of the offence, but noted concerns about police conduct and issued detailed orders. The applicant, through counsel, subsequently sought to withdraw the anticipatory bail application. The court permitted the withdrawal, dismissed the anticipatory bail application, and consequently disposed of the related interim application. No further relief was granted.

Issues considered

Whether anticipatory bail can be granted in a case involving a serious offence.
Whether the applicant may withdraw an anticipatory bail application after the court has expressed its view on pre‑arrest bail.
Effect of the withdrawal of anticipatory bail on a pending interim application.

Subjects

anticipatory bail
pre‑arrest bail
withdrawal of application
serious offence
criminal procedure

Judgment

                                              928-ABA-3593-2025+.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.3593 OF 2025
Shreeyash Manik Jagtap                             …Applicant
      Versus
The State of Maharashtra                           …Respondent

                             WITH
              INTERIM APPLICATION NO.130 OF 2026
                              IN
         ANTICIPATORY BAIL APPLICATION NO.3593 OF 2025

Mahesh Nivrutti Gogawale                           …Applicant
IN THE MATTER BETWEEN:
Shreeyash Manik Jagtap                             …Applicant
      Versus
The State of Maharashtra                           …Respondent


Mr. Saurabh Ghag, Ms. Dakshata Sawant, Ms. Nikita Chavan, Mr.
Siddhant Raul, Ms. Sanghpriya Sarode and Ms. Monali Gadhave,
for the Applicant.
Mr. Milind Sathe, Advocate General a/w. Mr. Mankwwar
Deshmukh GP & PP a/w. Mr. S. V. Gavand, APP and Ms. Savita
Yadav, APP, for the Respondent-State.
Mr. Harshad Sathe a/w. Mr. Siddharth Mehta and Mr. Vaibhav, for
the Applicant in IA/130/2026 in ABA/3593/2025.
Mr. Ramesh B. Tadvi, PI, attached to Mahad City Police Station,
District-Raigad, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     23rd JANUARY 2026
PC:-


1.       Pursuant to order dated 16th January 2026 and 17th January

2026, Mr. Sathe, learned Advocate General submits that all the




                                 Page 1
Sonali
                                                  928-ABA-3593-2025+.DOC




accused in C.R. No.178 of 2025 registered with Mahad City Police

Station, Mahad Taluka, District- Raigad have surrendered. He

submits copy of communication addressed by the Assistant Police

Inspector, Mahad City Police Station, District-Raigad to the Public

Prosecutor. The said copy is taken on record and marked ‘X’ for

identification.



2.       It is required to be noted that in the order dated 16th January

2026, this Court has already expressed that as the offence is very

serious and therefore, the Applicant is not entitled for pre-arrest

bail. However, as certain submission were made concerning

conduct of the police officials and therefore, this Court passed

detailed order dated 16th January 2026 and 17th January 2026.



3.       As the Court is not inclined to grant pre-arrest bail, Mr.

Ghag, learned Counsel appearing for the Applicant, on instructions

of the Applicant, seeks withdrawal of the Anticipatory Bail

Application.



4.       Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn and dismissed as such.




                                  Page 2
Sonali
                                                        928-ABA-3593-2025+.DOC




        5.       In view of the disposal of the Anticipatory Bail Application,

        nothing survives in the Interim Application and the same is also

        disposed of.




                                                    [MADHAV J. JAMDAR, J.]

       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL  Date:
       2026.01.23
       19:10:37
       +0530




                                         Page 3
        Sonali

Continue reading with your account

Checking your session…