Mangilal Dharmachand Kothari vs. Superintendent And Anr

Facts

The applicant, Mangilal Dharamachand Kothari, filed an Anticipatory Bail Application No. 2460 of 2022 before the High Court of Judicature at Bombay. The respondents were the Superintendent, Office of the Principal Commissioner, CGST & CX, and another. The applicant sought anticipatory bail in relation to proceedings initiated by the CGST authorities. The matter was listed before Justice R. N. Laddha on July 2, 2024. The learned counsel for the applicant sought permission to withdraw the application with liberty to pursue other available legal remedies. The Court granted the leave to withdraw.

Held

The Court granted the applicant's request for leave to withdraw the anticipatory bail application. Consequently, the application was dismissed as withdrawn. The interim protection previously granted by the Court was extended to operate for a period of four weeks from the date of the order. No specific findings were made on the merits of the anticipatory bail application itself, as it was withdrawn by the applicant. The Court did not delve into the substantive issues that would typically arise in an anticipatory bail application.

Key Issues

1. Whether the applicant should be granted leave to withdraw the anticipatory bail application? Petitioner's Argument: The petitioner, through their counsel, sought leave to withdraw the anticipatory bail application. The specific grounds for withdrawal were not detailed in the judgment, but the request was made with liberty to seek other remedies available in law. Revenue's Argument: The judgment does not record any specific arguments made by the respondents (CGST and State) regarding the withdrawal of the application. Their presence is noted, but their contentions are not detailed.