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Bombay High Court

RANGRAO BABURAO GAIKWADversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The High Court allowed the appellant to unconditionally withdraw Criminal Appeal No. 119 of 2015, resulting in its disposal.

Summary

The appellant, Rangrao Baburao Gaikwak, filed Criminal Appeal No. 119 of 2015 seeking permission to appeal an earlier acquittal. The appeal was listed on a production board due to urgency. On 17 August 2026, the appellant’s counsel requested an adjournment, and the court warned that the matter would proceed if the second respondent remained absent. Subsequently, the appellant’s counsel, Dhananjay Utture, applied to unconditionally withdraw the appeal. The State’s counsel did not oppose the withdrawal. The High Court, after noting the unopposed request, granted leave to withdraw the appeal, and the appeal was disposed of as withdrawn.

Issues considered

  • Whether an appellant may unconditionally withdraw a criminal appeal pending before the High Court

Subjects

  • Criminal Appeal
  • Withdrawal of Appeal
  • Procedural Law
  • Acquittal
  • High Court of Bombay

Judgment

                                                                   503-Apeal-119-2015.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
               CRIMINAL APPEAL NO. 119 OF 2015
Rangrao Baburao Gaikwad                        ...Appellant
        Versus
The State of Maharashtra And Anr.                 ...Respondents
_______________________________________________________________
Mr. Dhananjay Utture i/b Prajakt Arjunwadkar, Advocate for the
Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 1st October, 2026.
P.C. :

1.       This Appeal is circulated pursuant to the praecipe dated

01.10.2026. Same is taken on record and marked “X” for identification.

In view of the urgency expressed by Mr. Dhananjay Utture, learned

Advocate for the Appellant, this Appeal was ordered to be listed on

“Production Board”.



2.       By the present Appeal, the Appellant has sought for the

following substantive relief in terms of prayer clause (a) :-



          (a)        This Hon'ble Court may be pleased to allow the
          present Criminal Application and be further pleased to grant
          permission to file application for leave to file an appeal against
          acquittal challenging the Judgment and Order dt. 31.7.2012
          passed by Ld. Additional Sessions Judge, Sangli in Criminal
          Appeal No. 44 of 2011 arising out of the Judgment and Order dt.
          3.2.2011 passed by the Ld. JMFC Miraj in Summary Criminal
          Case No. 575 of 2009.


Arjun                                 1
                                                                                        503-Apeal-119-2015.doc



                       3.      On 17.08.2026, the following order was passed :-


                                 1.         Mr. Prajakt M. Arjunwadkar, learned Advocate for the
                                 Appellant, appears and request for an adjournment.
                                 2.        None present for Respondent No.2.
                                 3.        It is clarified that, if Respondent No.2/Advocate for
                                 Respondent No.2 fails to remain present on the next date,
                                 considering that the present Appeal is of the year 2015, the
                                 matter shall be proceeded with and disposed of after hearing the
                                 parties who are present.
                                 4.        List the matter on 17th September, 2026.



                       4.      Mr. Dhananjay Utture, learned Advocate for the Appellant, on

                       instructions from the Appellant, seeks leave to unconditionally

                       withdraw the present Appeal.



                       5.      The request made by Mr. Dhananjay Utture, learned Advocate

                       for the Appellant, is not opposed by Mr. N. B. Patil, learned APP for the

                       Respondent – State.



                       6.      In view of the statement made by Mr. Dhananjay Utture, learned

                       Advocate for the Appellant, leave is granted to withdraw the present

                       Appeal.



                       7.      Criminal Appeal No. 119 of 2015 is disposed of as withdrawn.



                                                                          (ASHWIN D. BHOBE, J.)
          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.06
          10:48:20
          +0530

                       Arjun                                2


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