5-ABA-2609-2026 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2609 OF 2026 Shrivardhan Goenka S/o Mr. G P Goenka … Applicant VERSUS State Of Maharashtra And Anr. … Respondents _________________________________________________________________ Mr. Shirish Gupte, Senior Counsel a/w. Mr. Sushant Arora, Ms. Vaishnavi Adhav, Mr. Rishabh Mishra i/b. L R & Associates, for the Applicant. Mr.Ashok S. Gawai, APP for the Respondent – State. Mr. Manoj Mohite, Senior Advocate a/w Mr. Gaurav Parkar, for Respondent No.2. PI – Juberahmed Mujawar, Housing I, EOW, Mumbai, present. _________________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 14 th OCTOBER, 2026. P.C. : 1. Heard learned Senior counsel for the applicant as well as learned APP for respondent. 2. Applicant has filed the present application seeking anticipatory bail in connection with offence registered with Oshivara Police station vide FIR No. 1180 of 2026 for offence under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. In response to the objection to maintainability of the instant p. 2 SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.10.19 10:41:35 +0530 5-ABA-2609-2026 (CR).doc S.S.Kilaje application seeking Anticipatory Bail, which is filed directly before this Court without approaching to the Sessions Court, learned Senior Counsel for the applicant submitted that the FIR in question is registered after a period of about 17 years from the date of alleged offence. He submits that the applicant is residing at Kolkata and there is an apprehension of arrest in view of registration of the offence. However, in view of the position of law in this regard particularly judgment of Hon’ble Supreme Court in the case of Mohammed Rasal C. & Anr. v. State of Kerala & Anr.1, he seeks permission to withdraw the instant application with liberty to file appropriate application before the Sessions Court. 4. In view of this, the applicant is granted permission to withdraw the instant application with liberty to approach to the Sessions Court and considering the exceptional case made out it is directed that no coercive action be taken on the basis of FIR only for a period of two weeks from today i.e. till 29th October, 2026. In view of this, the instant application is disposed of as withdrawn with liberty as prayed for. 5. Needless to mention the contentions of the parties on merits are not dealt with by this Court and the same are kept open. (PRAFULLA S. KHUBALKAR, J.) 1 2025 SCC Online SC 278