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The High Court disposed of the anticipatory bail application as withdrawn, directing the applicant to file the appropriate application before the Sessions Court.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 The High Court, after considering the submissions, ordered the anticipatory bail application to be withdrawn, granting liberty to the applicant to approach the Sessions Court.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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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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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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