In response to an application for withdrawal of a criminal appeal due to delay in hearing, the High Court held that an appeal marked for final hearing cannot be withdrawn. The application was rejected. Proceeding to final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-APPA-1832-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1832 OF 2018 IN CRIMINAL APPEAL NO.705 OF 2015
ARABALI @ AJAGAR ASHRAF MULLA )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
None for the Applicant.
Mrs.M.R.Tidke, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 22nd NOVEMBER 2018
P.C. :
1 This criminal application is registered on the basis of communication sent by the appellant/accused from jail to this court. None for the applicant/appellant. The applicant/appellant by this application is seeking for withdrawal of the appeal for the reason that though he has filed the appeal in the year 2015, the same is not heard finally as yet and therefore he wants to withdraw the appeal.
avk 1/2
4-APPA-1832-2018.doc
2 The appeal is challenging conviction and resultant
sentence. It is already admitted for final hearing. Hence, it needs
to be taken to the logical end. Admitted appeal cannot be permitted to be withdrawn. Therefore, the application is rejected.
3 Put up the appeal for final hearing.
avk 2/2
2 issues framed by the court
Whether a criminal appeal marked for final hearing can be withdrawn by the applicant.
Whether an admitted appeal can be permitted to be withdrawn.
Arabali @ Ajagar Ashraf Mulla
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
