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Bombay High Court

HARSHAL SAHETIYAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that an anticipatory bail application may be withdrawn by the applicant, resulting in its dismissal.

Summary

Vivek Gupta filed an anticipatory bail application before the Bombay High Court in a criminal matter. After filing, he instructed his counsel, Mr. Aditya Mithe, to withdraw the application. The court considered the request for withdrawal and found no impediment to allowing it. Accordingly, the anticipatory bail application was permitted to be withdrawn and was dismissed. Since the primary application was withdrawn, the related interim application was also disposed of, leaving no pending relief.

Issues considered

  • Can an applicant withdraw an anticipatory bail application after filing it?

Subjects

  • Anticipatory bail
  • Withdrawal of application
  • Criminal procedure
  • High Court

Judgment

                                                                            913.ABA-1640.26.DOC




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
             by PRACHI
PRACHI
PRANESH
             PRANESH
             NANDIWADEKAR
                                          CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
             Date: 2026.09.30
             16:57:40 +0530
                                   ANTICIPATORY BAIL APPLICATION NO. 1640 OF 2026

                        Vivek Gupta                                   … Applicant
                        V/s.
                        State of Maharashtra & Anr.                   …. Respondents
                                                       WITH
                                        INTERIM APPLICATION NO.3239 OF 2026
                                                         IN
                                   ANTICIPATORY BAIL APPLICATION NO. 1640 OF 2026

                        Harshal Sahetiya                              … Applicant

                        In the matter between
                        Vivek Gupta                                   … Applicant
                        V/s.
                        State of Maharashtra & Anr.                   …. Respondents
                                                    ______________________
                        Mr. Aditya Mithe, for the Applicant.
                        Mrs. M. R. Tidke, APP for the Respondent-State.
                                                    ______________________

                                                    CORAM : MADHAV J. JAMDAR, J.
                                                    DATED : 29 SEPTEMBER 2026
                        P. C. :-

                        1.         Mr. Mithe, learned counsel appearing for the Applicant, on

                        instructions, states that the Applicant is seeking withdrawal of the

                        Anticipatory Bail Application.




                                                          Page 1
                        PPN
                                                  913.ABA-1640.26.DOC




2.    Accordingly, Anticipatory Bail Application is allowed to be

withdrawn and dismissed as such.


3.    As Anticipatory Bail Application is disposed of, nothing

survives in the Interim Application and same is disposed of.



                                         [MADHAV J. JAMDAR, J.]




                               Page 2
PPN


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