Bombay High Court

KRUSHNA MAHADEV BADUREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: R M JOSHI

Holding

The appeal is dismissed as withdrawn with liberty to file a fresh application before the Sessions Court.

Summary

The appellant, Krushna Mahadev Badure, filed a criminal appeal but during its pendency a charge-sheet was filed against him. He sought to withdraw the appeal and requested liberty to file a fresh application before the Sessions Court. The High Court, by consent of both parties, entertained the request and dismissed the appeal as withdrawn, granting the liberty sought. The court also ordered that the fees of the appointed counsel, quantified at Rs. 10,000, be paid by the High Court Legal Services Authority, Sub‑Committee, Aurangabad. No substantive merits of the original charges were addressed as the appeal was withdrawn.

Issues considered

Whether a criminal appeal can be withdrawn after a charge-sheet has been filed
Whether the appellant can be granted liberty to file a fresh application before the Sessions Court

Subjects

withdrawal of appeal
criminal procedure
charge-sheet
liberty to file fresh application
legal services authority

Judgment

2026:BHC-AUG:32278




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  CRIMINAL APPEAL NO. 415 OF 2026

                                    KRUSHNA MAHADEV BADURE
                                                VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                   ...
           Mr. Y. B. Mote h/f Mr. P. P. More, Advocate for Appellant
           Mr. S. B. Narwade, APP for the Respondent/State
           Mr. J. S. Jain, Advocate for Respondent No. 2 (appointed)

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED     : 31st JULY, 2026

           PER COURT :-

           1.    Not on board. By consent of both sides, taken on board.

           2.    Learned Advocate for the appellant submits that during the pendency of

           the appeal, charge-sheet has been filed. He, therefore, seeks withdrawal of the

           appeal with liberty to file fresh application before the Sessions Court.

           3.    Criminal Appeal is dismissed as withdrawn with liberty as prayed.

           4.    The fees of the appointed counsel are quantified at Rs. 10,000/-, which

           shall be paid by the High Court Legal Services Authority, Sub-Committee,

           Aurangabad.



                                                                  ( R. M. JOSHI, J.)
           ssp




           criapeal415.2026.odt                                                        1 of 1

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