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Bombay High Court

MUKESH MOHAN SHARMAversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

Leave to withdraw a criminal appeal may be granted when the appeal has become infructuous.

Summary

Mukesh Mohan Sharma appealed to the Bombay High Court against the State of Maharashtra and others. After subsequent events, the appellant contended that the appeals had become infructuous and sought leave to withdraw them. The sole question before the court was whether leave could be granted to withdraw a criminal appeal on the ground of it being infructuous. The court examined the procedural propriety of such a withdrawal and found no impediment to granting it. Accordingly, leave to withdraw was granted and the appeals were disposed of as withdrawn.

Issues considered

  • Whether the appellant may be permitted to withdraw the criminal appeals on the ground that they have become infructuous?

Subjects

  • withdrawal of appeal
  • infructuous appeal
  • criminal appellate jurisdiction
  • high court procedure

Judgment

                          apn                                                3--criapeal-5-2025.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                                  APPEAL NO.5 OF 2025

                     Mukesh Mohan Sharma                                … Appellant
                              V/s.
                     The State of Maharashtra & Ors.                    … Respondents

                                                        WITH
                                                 APPEAL NO.6 OF 2025
                                                        WITH
                                                 APPEAL NO.10 OF 2025

                     Mr. Sunil Kumar, i/by Kumar & Associates for the Appellant.
                     Adv. Soham Bhalerao, a/w Adv. Arnav Ashtikar, Adv. Rahul Sinha, i/by DSK
                     Legal for the Respondent-CIDCO.
                     Smt. P. P. Shinde, AGP for the Respondent-State.

                                                      CORAM :     A. S. GADKARI AND
        Digitally
        signed by
        ASHWINI                                                   KAMAL KHATA, JJ.
ASHWINI PRASAD
PRASAD NARHIRE
NARHIRE Date:
        2026.10.03
                                                         DATE :   24th September, 2026
        13:17:30
        +0530
                     P.C.:-

                     1)              Learned Advocate for the Appellant submitted that, in view of

                     the subsequent events, the Appeals have become infructuous and seeks

                     leave to withdraw.

                     1.1)            Leave granted.

                     2)              Disposed off as withdrawn.



                                (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)



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