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Bombay High Court

RAKESH RAJENDRA TIWARIversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The interim application was disposed of as withdrawn, with liberty to file a fresh application after one year.

Summary

Rakesh Rajendra Tiwari filed an interim application in Criminal Appeal No. 26 of 2026 before the Bombay High Court, seeking relief. After hearing, the court was not inclined to grant any relief at that stage. Counsel for the applicant, Mr. S. A. Lalwani, requested permission to withdraw the application, which the court granted. The application was disposed of as withdrawn, with the applicant given liberty to file a fresh application after one year. Additionally, the court ordered that Rs.5,000 be paid to the appointed advocate for Respondent No.2 as legal aid fees.

Issues considered

  • Whether the court should grant interim relief to the applicant at this stage
  • Whether the applicant may withdraw the interim application
  • Whether any costs or legal aid fees should be awarded to the respondent's advocate

Subjects

  • interim application
  • withdrawal
  • legal aid
  • criminal appeal

Judgment

                                                              1
                                                                               33-IA-77-2026 (CR).DOC


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                      CRI-INTERIM APPLICATION NO. 77 OF 2026
                                                        IN
                                          CRIMINAL APPEAL NO. 26 OF 2026

                        Rakesh Rajendra Tiwari                           ...Applicant
                             Versus
                        The State Of Maharashtra And Ors.                ...Respondents

                                                            -----
                        Mr. S. A. Lalwani, for Applicant.
                        Dr. A. A. Takalkar, APP, for the Respondent-State.
                        Mr. Pritesh A. Kharade, appointed Advocate for Respondent No.2
          Digitally
          signed by
          SHANTANU
                        (Through Legal Aid).
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.06.18
          13:20:49
                                                            -----
          +0530




                                           CORAM       :    MEHROZ K. PATHAN, J.
                                           DATE        :    17th JUNE, 2026.
                        P.C.

                        1.          After hearing for sometime, as this Court was not inclined to

                        grant any relief to the Applicant at this stage, the learned counsel Mr.

                        S. A. Lalwani, upon instructions, seeks permissions to withdraw the

                        application. Permission granted.

                        2.          The Application stands disposed of as withdrawn with

                        liberty to the Applicant to move a fresh application after a period of

                        one year.




               Shantanu S. Dhudum
                                          2
                                                           33-IA-77-2026 (CR).DOC


         3.          The High Court Legal Aid Services Sub-Committee as

         quantified of Rs.5,000/- shall be paid to the appointed Advocate Mr.

         Mr. Pritesh A. Kharade for Respondent No.2.



                                                ( MEHROZ K. PATHAN, J.)




Shantanu S. Dhudum


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