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Bombay High Court

NARENDRA RAMNIRANJAN JAINversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The High Court disposed of the anticipatory bail application as withdrawn, directing the applicant to file the appropriate application before the Sessions Court.

Summary

Mohan Thomas filed an anticipatory bail application (No. 2140/2026) directly before the Bombay High Court, without first approaching the Sessions Court after the registration of FIR No. 292 of 2026. The respondent's counsel highlighted this procedural lapse and the applicant's counsel sought permission to withdraw the application and file a proper application before the Sessions Court. The High Court, after considering the submissions, ordered the anticipatory bail application to be withdrawn, granting liberty to the applicant to approach the Sessions Court. Consequently, the related interim application (No. 2845/2026) was also disposed of. The order reflects the court's adherence to the procedural requirement that anticipatory bail applications be initially filed before the appropriate lower court.

Issues considered

  • Whether an anticipatory bail application can be filed directly before the High Court without first being presented before the Sessions Court.
  • Whether the High Court has jurisdiction to entertain and dispose of such an application.

Subjects

  • anticipatory bail
  • procedural jurisdiction
  • High Court
  • Sessions Court
  • withdrawal of application

Judgment

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                                                                        903 - ABA 2140 OF 2026.doc



        Digitally
        signed by
        KANCHAN
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:

                                     CRIMINAL APPELLATE JURISDICTION
        2026.09.17
        18:21:46
        +0530




                                ANTICIPATORY BAIL APPLICATION NO. 2140/2026

                     MOHAN THOMAS                                     ….. APPLICANT
                           VS
                     THE STATE OF MAHARASHTRA & ANR.                  ….. RESPONDENTS

                                               ALONGWITH
                                    INTERIM APPLICATION NO. 2845/2026
                                                    IN
                                ANTICIPATORY BAIL APPLICATION NO. 2140/2026

                     NARENDRA RAMNIRANJAN JAIN                        ….. FIRST INFORMANT/
                                                                      INTERVENER

                                              IN THE MATTER OF

                     MOHAN THOMAS                                     ….. APPLICANT
                           VS

                     THE STATE OF MAHARASHTRA                         ….. RESPONDENT

                     Adv. Viquar Rajguru for the Applicant.

                     Mr. Aabad Ponda, Senior Advocate a/w. Adv. Mahesh Ahire, Adv.
                     Drishti Singh, Adv. Kush Agarwal, Adv. Soumyajoti Lodh i/b. MZM
                     Legal LLP for the Intervenor.

                     Mr. Bapu Holambe Patil, APP for the Respondent – State.

                     PSI. N. More, N.M.Joshi Marg Police Station present.

                                             CORAM : PRAFULLA S. KHUBALKAR, J.
                                             DATE : 17TH SEPTEMBER, 2026
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                                                      903 - ABA 2140 OF 2026.doc



P.C. :-

1)           After the learned counsel for the respondent pointed out

that the instant application is filed by the applicant directly before this

Court, without filing any application before the Sessions Court after

registration of the FIR, learned counsel for the applicant seeks leave to

withdraw the instant application with liberty to file an appropriate

application before the Sessions Court for anticipatory bail in FIR No.

292 of 2026.

2)           The instant application is disposed of as withdrawn with

liberty as prayed for.

3)           In view of the disposal of the Anticipatory Bail

Application, Interim Application also stands disposed of.



                                          [PRAFULLA S. KHUBALKAR, J.]


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