Bombay High Court

SUBHASH MESU SANSAREversusTHE STATE OF MAHARASHTRA

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The order dismissing the anticipatory bail application for want of prosecution is set aside, and the application is restored to the file.

Summary

The applicant, Subhash Mesu Sansare, filed an interim application seeking restoration of his anticipatory bail application (No. 1335 of 2022) after it had been dismissed for want of prosecution on 20 September 2025. The court examined the merits of the interim application and, finding no sufficient ground to uphold the dismissal, recalled and set aside the earlier order. Consequently, the anticipatory bail application was restored to the file and scheduled for a hearing on 21 August 2026. The interim application was thereafter disposed of. No substantive discussion on the underlying criminal charges was required, as the focus was solely on procedural restoration.

Issues considered

What is the appropriate procedure for recalling a dismissal of an anticipatory bail application on the ground of want of prosecution?
Can an anticipatory bail application dismissed for want of prosecution be restored through an interim application?

Subjects

anticipatory bail
interim application
want of prosecution
restoration
criminal procedure

Judgment

                                                     915 IA-2549-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             INTERIM APPLICATION NO. 2549 OF 2026
                               IN
         ANTICIPATORY BAIL APPLICATION NO. 1335 OF 2022
Subhash Mesu Sansare                                   …Applicant
            Vs.
The State of Maharashtra                               …Respondents


Ms. Juhi Kadu i/b Aniket Vagal, for the Applicant.
Ms. M.R. Tidke, APP for the Respondent-State.
HC S.N. Jadhav, Chandanwad Police Station, Nashik Rural


                        CORAM:      MADHAV J. JAMDAR, J.
                        DATE :      18th AUGUST, 2026
P. C.:

1.       This Interim Application is filed seeking restoration of the
Anticipatory Bail Application No. 1335 of 2022 as the same has
been dismissed for want of prosecution by order dated 20 th
September, 2025 passed by this Court.


2.       For the reasons stated in the Interim Application, the order
dated 20th September, 2025 is recalled and set aside. Anticipatory
Bail Application No. 1335 of 2022 is restored to file.

3.       Interim Application is disposed of in the above terms.

4.       Anticipatory Bail Application No. 1335 of 2022 be listed on
21st August, 2026. To be shown fairly high on board.


                                              [MADHAV J. JAMDAR, J.]



                                    Page 1 of 1
                                 18th August, 2026

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