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- Disposed off as Withdrawn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High Court, after noting the unopposed request, granted leave to withdraw the appeal, and the appeal was disposed of as withdrawn.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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