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 Accordingly, leave to withdraw was granted and the appeals were disposed of as withdrawn.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2) Disposed off as withdrawn.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.)
1/1
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