Bombay High Court
SANTOSH SURESH KAKADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court permitted the withdrawal of the anticipatory bail application and disposed of it, without deciding on the merits.
Summary
The applicant, Santosh Suresh Kakade, filed an anticipatory bail application (No. 1138 of 2026) before the Bombay High Court. The State of Maharashtra raised a contention that an earlier criminal case (C.R. No. 162 of 2025) under Sections 316(2) and 318(4) of the Bhartiya Nyaya Sanhita, 2023, had not been disclosed in the bail petition. The applicant’s counsel sought permission to withdraw the anticipatory bail application and to file a fresh one. The Court allowed the withdrawal, disposing of the anticipatory bail application and the related interim application without addressing the merits. It expressly left all substantive issues open for future consideration.
Issues considered
- Whether the anticipatory bail application can be withdrawn at the applicant’s request.
- Whether the non‑disclosure of an antecedent case under the Bhartiya Nyaya Sanhita, 2023, affects the pendency of the anticipatory bail application.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4)
Subjects
- anticipatory bail
- withdrawal of application
- criminal procedure
- Bhartiya Nyaya Sanhita
- high court
Judgment
914.ABA-1138.26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1138 OF 2026
Digitally signed
by PRACHI
WITH
INTERIM APPLICATION NO.1812 OF 2026
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.10.07
11:19:29 +0530
Santosh Suresh Kakade … Applicant
V/s.
State of Maharashtra & Anr. …. Respondents
______________________
Mr. Vikas Shivarkar, for the Applicant.
Ms. M. R. Tidke, APP, for the Respondent No.1-State.
Mr. Sachin Salunkhe (through VC) for Respondent No.2.
Mr. T. Munde, PSI attached to Loni Kalbhor Police Station, Pune
present. ______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 6 OCTOBER 2026
P. C. :-
1. At the outset, learned APP appearing for the Respondent-
State points out that there is an antecedent being C.R. No. 162 of
2025 registered with Alankar Police Station, Pune City under
Sections 316(2), 318(4) of Bhartiya Nyaya Sanhita, 2023.
However, the same has not been disclosed in the Anticipatory Bail
Application.
Page 1
PPN
914.ABA-1138.26.DOC
2. In view of the said contention raised, learned counsel
appearing for the Applicant seeks withdrawal of the Anticipatory
Bail Application with liberty to file fresh Anticipatory Bail
Application.
3. Accordingly, the Anticipatory Bail Application is allowed to
be withdrawn and disposed of as such with liberty as sought for.
4. It is clarified that this Court has not considered merits and
all contentions on merits are expressly kept open.
5. As the Anticipatory Bail Application is disposed of, nothing
survives in the Interim Application and the same is also disposed
of.
[MADHAV J. JAMDAR, J.]
Page 2
PPN
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.