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Bombay High Court

DHANANJAY ALIAS MAHESH SANJAY ROHAM AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The appeal is dismissed as withdrawn, with liberty granted to file a fresh appeal if the trial is not concluded by December 2026.

Summary

The appellants, Dhananjay alias Mahesh Sanjay Roham and others, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the hearing, the appellant's counsel expressed a desire to withdraw the appeal, citing the court's reluctance to interfere. He also requested liberty for the appellant to file a fresh appeal if the trial was not concluded by the end of December 2026. The court accepted this request, allowing the withdrawal and granting the liberty to re‑file a new appeal within the stipulated time. Consequently, the appeal was dismissed as withdrawn, with the liberty sought being granted.

Issues considered

  • Whether an appellant may withdraw a criminal appeal before the High Court
  • Whether the court can grant liberty to file a fresh appeal if the trial remains pending beyond a specified date

Subjects

  • appeal withdrawal
  • criminal procedure
  • high court jurisdiction
  • liberty to refile
  • procedural discretion

Judgment

2026:BHC-AUG:16773
                                                       (1)               915criapl26.26.odt




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                      915 CRIMINAL APPEAL NO. 26 OF 2026

                     DHANANJAY ALIAS MAHESH SANJAY ROHAM AND OTHERS
                                                            ….Appellant
                                         VERSUS

                                THE STATE OF MAHARASHTRA AND ANOTHER
                                                                 …..Respondent

                Mr. Nitin V. Gaware Patil, Advocate for the appellants
                Mr. V. V. Jahagirdar, APP for the respondents/State
                Mr. A. D. Gawale, Advocate for respondent No. 2

                                             CORAM : ABHAY J. MANTRI, J.
                                               DATE : 18th APRIL, 2026

                PER COURT :

                1.                 Heard the learned Advocate for the Appellants at length.

                2.                 When this court shows disinclination to interfere in the

                Appeal, the learned Advocate for the Appellants, on instructions,

                seeks to withdraw the Appeal. However, he sought liberty to permit

                the Appellant to file a fresh Appeal if the Trial is not concluded by the

                end of December 2026.

                3.                 His statement is accepted.

                4.                 In view of his statement, the appeal is dismissed as

                withdrawn, with liberty as sought. The Appeal is disposed of.




                                                                 [ABHAY J. MANTRI, J. ]

                VishalK/915criapl26.26.odt

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