Bombay High Court
MUKESH MOHAN SHARMAversusTHE STATE OF MAHARSHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that leave to withdraw an appeal may be granted when the appeal has become infructuous.
Summary
Mukesh Mohan Sharma appealed against the State of Maharashtra and others in the Bombay High Court. After filing the appeal, subsequent events rendered the appeal infructuous. The appellant's counsel sought leave to withdraw the appeal on this basis. The Court considered whether such leave could be granted. It held that the appeal could be withdrawn when it no longer serves any purpose. Accordingly, leave was granted and the appeal was disposed of as withdrawn.
Issues considered
- Whether leave to withdraw a criminal appeal may be granted when the appeal has become infructuous
Subjects
- appeal withdrawal
- criminal appellate jurisdiction
- procedural law
- leave to withdraw
Judgment
apn 3--criapeal-5-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO.5 OF 2025
Mukesh Mohan Sharma … Appellant
V/s.
The State of Maharashtra & Ors. … Respondents
WITH
APPEAL NO.6 OF 2025
WITH
APPEAL NO.10 OF 2025
Mr. Sunil Kumar, i/by Kumar & Associates for the Appellant.
Adv. Soham Bhalerao, a/w Adv. Arnav Ashtikar, Adv. Rahul Sinha, i/by DSK
Legal for the Respondent-CIDCO.
Smt. P. P. Shinde, AGP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
Digitally
signed by
ASHWINI
DATE : 24th September, 2026
ASHWINI PRASAD
PRASAD NARHIRE
NARHIRE Date:
2026.10.03
P.C.:-
13:17:30
+0530
1) Learned Advocate for the Appellant submitted that, in view of
the subsequent events, the Appeals have become infructuous and seeks
leave to withdraw.
1.1) Leave granted.
2) Disposed off as withdrawn.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
1/1
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