Bombay High Court
SAGAR LAXMAN MAAKEversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is allowed to be withdrawn with liberty for the petitioner to seek anticipatory bail subsequently.
Summary
The petitioner, Sagar Laxman Maake, filed a writ petition in the Bombay High Court seeking anticipatory bail. During the hearing, the petitioner’s counsel requested permission to withdraw the petition while retaining the right to apply for anticipatory bail separately. The Court examined whether such a withdrawal could be permitted without prejudice to the petitioner’s future relief. The judges held that the petition could be withdrawn, provided the petitioner is free to pursue an anticipatory bail application thereafter. Consequently, the petition was allowed to be withdrawn with liberty to file a fresh anticipatory bail application, which will be decided on its merits.
Issues considered
- Whether a writ petition seeking anticipatory bail can be withdrawn with liberty to pursue a separate anticipatory bail application
Subjects
- anticipatory bail
- withdrawal of petition
- criminal procedure
- high court
- writ petition
Judgment
1 of 2 11-WP-4341-2026
Sagar Magar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4341 OF 2026
Sagar Laxman Maake … Petitioner
Versus
State of Maharashtra And Ors. ... Respondent
__________
Mr. Murtaza Najmi a/w Mr. Jackya Jain, Mr. Dilip Shukla, Ms.
Priya Pandey, Ms. Farida najmi, Ms. Nancy Kanungo, Ms. Arefa
Siddiquie, Mr. Nasrah Ansari for Petitioner.
Ms. M. M. Deshmukh, APP for the Respondent-State.
Ms. Nisha Valani for Respondent No. 2.
Mr. Amrendra Sinha a/w Mr. Pankaj G. for Respondent No. 3.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 2nd SEPTEMBER 2026
PC :
1) Learned Counsel for the Petitioner states that he will
exercise his remedy of applying for anticipatory bail in the subject
matter of this case. He seeks permission to withdraw this petition
with such liberty. Permission is granted. Petition is allowed to be
withdrawn with such liberty.
2) It is made clear that withdrawal of this petition shall
Digitally signed
by SAGAR
SAGAR SANTOSH
MAGAR
SANTOSH Date:
MAGAR 2026.09.03
14:26:42
+0530
2 of 2 11-WP-4341-2026
not come in the way of the Petitioner to pursue the remedy of
anticipatory bail and if such an application is preferred, it shall be
decided on its merits in accordance with law.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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