Bombay High Court
DHANANJAY ALIAS MAHESH SANJAY ROHAM AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
- Bench
- ABHAY MANTRI
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The appeal is dismissed as withdrawn, with liberty granted to file a fresh appeal if the trial is not concluded by December 2026.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 Consequently, the appeal was dismissed as withdrawn, with the liberty sought being granted.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withdrawn, with liberty as sought.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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