Shishir S/O Sudhirao Khandar vs. State Of Maharashtra And Anr

Held

The Court granted the applicant's request for leave to withdraw the anticipatory bail application. The Court also granted the applicant's prayer for the continuation of interim protection for a period of two weeks. The reasoning for continuing the interim protection was based on the fact that such protection had been in operation since September 27, 2022, and the request for a short extension was considered justifiable to allow the applicant to pursue appropriate proceedings. The application was disposed of in terms of these directions. No specific findings were made on the merits of the anticipatory bail application itself, as it was withdrawn.

Facts

This matter concerns Anticipatory Bail Application No. 2573 of 2022 filed by Shishir S/o Sudhirao Khandar (the applicant) before the High Court of Judicature at Bombay. The respondents are the State of Maharashtra and CGST (Central Goods and Services Tax). The applicant sought anticipatory bail. The applicant was granted interim protection by an order dated September 27, 2022. The applicant's counsel, on instructions, sought leave to withdraw the application with liberty to take out appropriate proceedings. The applicant also requested the continuation of interim protection for two weeks to facilitate these proceedings.

Key Issues

1. Whether the applicant should be granted leave to withdraw the anticipatory bail application with liberty to take out appropriate proceedings? (Procedural Issue) 2. Whether the interim protection granted to the applicant should be continued for a period of two weeks to facilitate the applicant to take out appropriate proceedings? (Interim Relief Issue) Contentions: Petitioner/Applicant: The applicant's counsel, on instructions, sought leave to withdraw the application with liberty to initiate fresh proceedings. The applicant also requested the continuation of interim protection for two weeks to enable them to pursue these new proceedings, citing the existing interim protection since September 27, 2022. Revenue/State (CGST): The judgment records no specific arguments from the CGST respondent regarding the withdrawal or the continuation of interim protection. The State of Maharashtra was represented by the Additional Public Prosecutor, but their arguments are not detailed in relation to the specific relief sought by the applicant.