Bombay High Court

PUNYRATHA VILAS NAIK AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The appeal stands disposed of as having become infructuous.

Summary

The appellants, having surrendered before the police, filed a criminal appeal but subsequently sought to withdraw it, claiming the appeal had become infructuous. The sole issue before the court was whether the appeal could be dismissed on the ground of being infructuous due to the surrender. The court examined the submission that the surrender rendered the appeal moot. Finding no merit in continuing the proceedings, the court held that the appeal stood disposed of as infructuous. Consequently, the appeal was terminated without further hearing.

Issues considered

Whether an appeal becomes infructuous upon the appellant's surrender and can be withdrawn?

Subjects

appeal
infructuous
withdrawal
surrender
criminal appeal
court disposal

Judgment

2026:BHC-AUG:44707




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              902 CRIMINAL APPEAL NO. 633 OF 2026

                               PUNYRATHA VILAS NAIK AND OTHERS
                                               VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                  ...
           Ms. Shital S. Karle h/f Mr. Shriram Vinod Deshmukh, Advocate for Appellants
           Mr. M. K. Jadhav, Advocate for Respondent No.4
           Mr. S. B. Narwade, APP for the Respondent/State

                                                    CORAM : R. M. JOSHI, J.
                                                    DATED    : 30th SEPTEMBER, 2026

           PER COURT :-

           1.    Learned Advocate for the Appellants, on instructions, submits that the

           Appellants have surrendered before the Police and, therefore, the present

           appeal has become infructuous. She, therefore, seeks leave to withdraw the

           appeal.

           2.    In view of the above, the appeal stands disposed of as having become

           infructuous.


                                                              ( R. M. JOSHI, J.)
           ssp




           902 APEAL 633.2026.odt                                                  1 of 1

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