The court considered an application for withdrawal of a criminal appeal challenging conviction and sentence. The single judge held that the appeal must proceed to its logical end and rejected the application for withdrawal, setting the appeal for hearing.
Application for withdrawal of appeal rejected; appeal set for hearing.
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(901)APPANo.6012017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.601 OF 2017 IN
CRIMINAL APPEAL NO.859 OF 2015
Vinod Ramesh Pimple ... Applicant V/s. The State of Maharashtra ... Respondent
Ms.Savita A. Prabhune, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 15th MARCH 2018.
P.C. :
1 The Registry has reported that Record and Proceedings along with paper book has already been received.
2 I have also perused the explanation of concerned senior clerk working with Additional District and Sessions Judge, Baramati, District Pune. The explanation is fully satisfactory. Hence, no further action is warranted in the matter of nontransmitting the Record and Proceedings.
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Gaikwad RD
(901)APPANo.6012017
3 The applicant/appellant is seeking withdrawal of the appeal challenging his conviction and resultant sentence. This mode is not permissible as the appeal needs to be taken to its logical end. Ms.Prabhune, the learned Advocate appearing for the applicant submits that as the appellant has undergone substantial part of his sentence and he is languishing in jail right from the year 2014, the appeal be taken up for hearing forthwith.
4 In this view of the matter, the appeal is taken up for hearing. The application for withdrawal of the appeal, which appears to be outcome of the frustrated mind of the appellant as his appeal is not being heard by this Court; is rejected.
(A.M.BADAR J.)
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Gaikwad RD
2 issues framed by the court
Whether an application for withdrawal of an appeal can be allowed given the appellant’s long detention.
Whether the appeal can be taken up for hearing immediately without proceeding to its logical end.
Vinod Ramesh Pimple
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
