Bombay High Court
JAVED UMAR SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
Leave was granted to withdraw the appeal and to file a fresh appeal within four weeks, which will be treated as timely.
Summary
The appellant, Javed Umar Shaikh, filed a criminal appeal against the State of Maharashtra. During the proceedings, the appellant's counsel indicated that the appeal did not disclose the appellant's criminal antecedents. On that basis, the counsel sought leave of the court to withdraw the present appeal and to file a fresh appeal that would include the missing antecedent information. The Court, after considering the request, granted leave to withdraw the appeal and allowed the appellant liberty to file a fresh appeal within four weeks, treating it as filed within the limitation period. Consequently, the original appeal was disposed of as withdrawn.
Issues considered
- Whether the court may grant leave to withdraw a criminal appeal and permit the filing of a fresh appeal disclosing previously omitted criminal antecedents
- Whether a fresh appeal filed within four weeks of withdrawal can be treated as filed within the limitation period
Subjects
- criminal appeal
- withdrawal of appeal
- fresh appeal
- limitation period
- procedural law
Judgment
1 30-APEAL 279-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.279 OF 2026
Javed Umar Shaikh … Appellant
Vs.
State of Maharashtra & Anr. … Respondents
-----
Mr. Zaheer Khan Pathan for the Appellant.
Mr. V. N. Sagare, APP for the Respondent-State.
-----
CORAM : N.R. BORKAR, J.
DATE : 18TH AUGUST 2026
P.C. :
Digitally
signed by
MUGDHA
MANOJ
MUGDHA
MANOJ PARANJAPE
PARANJAPE Date:
1. Mentioned out of turn.
2026.08.18
15:35:24
+0530
2. As the criminal antecedents are not disclosed in the present Appeal,
Learned Counsel for the Appellant, on instructions, seeks leave to
withdraw the present Appeal with liberty to file fresh Appeal disclosing
the criminal antecedents against the Appellant. Leave as sought is granted.
3. The Criminal Appeal is disposed of as withdrawn with liberty as
sought.
4. If such Appeal is filed within a period of four weeks, the Registry
shall treat the same as having filed within a period of limitation.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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