Bombay High Court

NARAYAN MARUTI PATILversusSTATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

Criminal Appeal No.1375/2023 stands disposed of as withdrawn, with the record transferred to Criminal Appeal No.191/2026.

Summary

The appellant, Narayan Maruti Patil, had earlier filed Criminal Appeal No.1375/2023 under legal aid, for which counsel was appointed by the court. He subsequently filed a second appeal, Criminal Appeal No.191/2026, through a counsel of his own choice. The appellant’s counsel requested that the earlier appeal be treated as withdrawn because the later appeal now covers the same matters. The Court agreed, ordering Appeal No.1375/2023 to be disposed of as withdrawn and directing that the record and proceedings from the principal seat be transferred to Appeal No.191/2026. Additionally, the application for suspension of sentence was scheduled for hearing on 13 October 2026. The order effectively consolidates the proceedings in the later appeal and closes the earlier one.

Issues considered

Whether Criminal Appeal No.1375/2023 can be withdrawn in view of the filing of a subsequent appeal (Criminal Appeal No.191/2026) covering the same issues.

Subjects

appeal withdrawal
criminal procedure
legal aid
consolidation of records
suspension of sentence

Judgment

                                                              9-APEAL-191-2026.doc



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

                       CR. APPEAL NO. 191 OF 2026

Narayan Maruti Patil                                 ...Appellant
          Versus
State Of Maharashtra                                 ...Respondent
                                 WITH
               CRI-INTERIM APPLICATION NO. 429 OF 2026
                     IN CR. APPEAL NO. 191 OF 2026
                                 WITH
                      CR. APPEAL NO. 1375 OF 2023

Narayan Maruti Patil                                 ...Appellant
          Versus
State Of Maharashtra                                 ...Respondent
                                ——————
Mr. Unmesh Jamdar i/b Mr. C. R. Sonecha, Advocate for the Appellant in Appeal
No.191/2026.
Mr. Anand S. Shalgaonkar, APP for the Respondent - State
Mr. Ritesh Thobade ( as Per Order 02/09/2025), Advocate (Appointed) for the
Appellant in Appeal No.1375/2023.
                                ——————
                                 Coram :     Sharmila U. Deshmukh &
                                             Neeraj P. Dhote, JJ.
                                 Date      : September 29, 2026.
P. C. :

1.        The convict had preferred an Appeal against his conviction

through legal aid, which is numbered as Criminal Appeal No.1375/2023.

This Court had appointed learned Counsel Mr. Ritesh Thobade for the

Appellant in the said Appeal.



Sameer                            1 of 2
                                                        9-APEAL-191-2026.doc



2.       Subsequently, the Appellant filed another Appeal bearing

No.191/2026 through the Advocate of his choice.

3.       Learned Counsel for the Appellant submits that, he has

instructions that, Appeal No.1375/2023 be disposed of as withdrawn,

since the Appellant has filed subsequent Appeal No.191/2026.

4.       In view of the above submissions, Appeal No.1375/2023 stands

disposed of as not pressed / withdrawn.

5.       The record and proceedings with paper-book received from the

Principal Seat be shown in Appeal No.191/2026.

6.       The Application for suspension of sentence be listed on 13th

October, 2026.




 [Neeraj P. Dhote, J.]                    [Sharmila U. Deshmukh, J.]




Sameer                          2 of 2

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