Bombay High Court

KAILAS TULSHIRAM PURNEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The appeal was dismissed as withdrawn with liberty as prayed for.

Summary

In a criminal appeal filed by Kailas Tulshiram Purne against the State of Maharashtra, the appellant's counsel sought to withdraw the appeal after a charge-sheet was filed during its pendency. The appellant requested liberty to file an application before the Sessions Court instead. The High Court considered whether the appeal could be withdrawn and the requested liberty granted. The Court held that the appeal could indeed be withdrawn and granted the liberty sought. Consequently, the appeal was dismissed as withdrawn, with liberty as prayed for.

Issues considered

Whether a criminal appeal pending before the High Court can be withdrawn after a charge-sheet is filed
Whether the appellant can be granted liberty to file an application before the Sessions Court after withdrawal

Subjects

withdrawal of appeal
criminal procedure
charge-sheet
liberty to apply
High Court

Judgment

                                -1-
                                                 criappeal643.26.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                 CRIMINAL APPEAL NO. 643 OF 2026

Kailas Tulshiram Purne                         .. Appellant

versus

The State of Maharashtra & another             .. Respondents

Mr. K. A. Kadam, Advocate for the Appellant.
Ms. P. J. Bharad, APP for the State.

                              CORAM : R. M. JOSHI, J.
                              DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.       Not on board. Upon mentioning taken on board.

2.     Learned Counsel for Appellant seeks withdrawal of the appeal

in view of the fact that charge-sheet has been filed during the

pendency of the appeal. He seeks liberty to prefer application before

the Sessions Court.

3.     Appeal stands dismissed as withdrawn with liberty as prayed

for.



                                               ( R. M. JOSHI, J.)

dyb

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