The High Court of Bombay allowed an appellant to withdraw a criminal appeal after recording his statement, disposing of both the main appeal and the interim stay application.
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.
ssm 1 18-ia513.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 513 OF 2022
IN
CRIMINAL APPEAL NO. 1587 OF 2019
Maqbul Alihasan Shaikh …..Applicant
Vs.
The State Of Maharashtra …..Respondent
None for the Applicant. Mr. S.S. Hulke APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 8th JULY, 2022.
P.C.:-
This is an Application received through Jail.
2 Applicant has stated that, he is accepting the conviction and
sentence imposed upon him by the Trial Court. That, he has now changed his thoughts, to not to pursue the Appeal and has requested this Court to allow him to withdraw the present Appeal.
3 Perusal of record indicates that by an Order dated 18th February, 2020, the Application filed by the Applicant for suspension of sentence and releasing him on bail during the pendency of the Appeal was rejected by the co-ordinate Bench by an elaborate Order.
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ssm 2 18-ia513.22.doc
4 On earlier occasion, this Court had directed the learned APP to
record statement of the Applicant who is presently lodged at Nashik Road Central Prison, Nashik for undergoing sentence, as to what he really intends about his Appeal.
5 Learned APP has produced on record a photocopy of statement of Applicant recorded on 24th June, 2022. In his statement, the Applicant had stated that, he does not wish to pursue the present Appeal further and the same may be disposed off. The said report is taken on record.
6 As the Applicant/Appellant is not desirous of pursuing the present Appeal and wants to withdraw it, he is granted leave for the same.
Appeal is accordingly disposed off, as withdrawn.
7 As a consequence thereof, Interim Application No.513 of 2022
is accordingly disposed off.
Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2022.07.14 17:49:17 +0530
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Maqbul Alihasan Shaikh
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
