Bombay High Court

UDAYA NARAYAN DONGREversusSTATE OF MAHARASHTRA

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The anticipatory bail application is allowed to be withdrawn with liberty to file a fresh application.

Summary

The applicant, Mohamed Ali Kochra, filed an anticipatory bail application on behalf of the accused through a Power of Attorney and later sought to withdraw it, requesting liberty to file a fresh application if needed. The High Court examined whether such a withdrawal was permissible. The Court held that the withdrawal could be allowed, granting the applicant liberty to file an appropriate application thereafter. Consequently, the anticipatory bail application was permitted to be withdrawn. All pending interim applications related to the matter were consequently disposed of.

Issues considered

Whether an anticipatory bail application filed by a Power of Attorney holder can be withdrawn?
Whether the court may grant liberty to file a fresh application after withdrawal?

Subjects

anticipatory bail
withdrawal of application
power of attorney
criminal procedure
interim application

Judgment

                                        906-ABA-2365-2026 W IA 2973-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2365 OF 2026
Mohamed Ali Kochra                                         …Applicant
      Versus
The State of Maharashtra                                   …Respondent
                           WITH
            INTERIM APPLICATION NO. 2973 OF 2026
                             IN
      ANTICIPATORY BAIL APPLICATION NO. 2365 OF 2026
Udaya Narayan Dongre                         …Applicant/
                                             Intervenor
      Versus
The State of Maharashtra                     …Respondent


Adv. Chirag Sarawagi a/w Adv. Shubham Shah i/b Adv. Tushar
Goradia, for the Applicant.
Mr. Arfan Sait, A.P. P., for the Respondent – State.
Adv. Kishor Patil a/w Adv. Sidheshwar Biradar, Adv. Kareena
Talreja, Adv. Karam Talreja i/b K & K Legal Associates LLP, for
Applicant/Intervenor in IA No. 2973 of 2026.
PI Sachin S. Khondre, D. N. Nagar Police Station, Mumbai,
is present.


                       CORAM :          PRAFULLA S. KHUBALKAR, J.
                       DATE        :     3RD SEPTEMBER 2026
P. C:-

1.       Learned counsel for applicant states that since the instant

application was filed on behalf of the Power of Attorney holder of

the accused person, he seeks permission to withdraw the instant

application with liberty to file appropriate application on behalf of

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                              rd
                            3 September 2026
                                         906-ABA-2365-2026 W IA 2973-2026.ODT




the applicant.

2.          Application is permitted to be withdrawn with liberty as

prayed for.

3.          In view of above, pending Interim Applications stand

disposed of.




                                          (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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