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Bombay High Court

PUNYARATHA VILAS NAIKversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
Withdrawn

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Punyaratha Vilas Naik, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. While the appeal was pending, the appellant filed a separate appeal seeking pre‑arrest bail. The appellant's counsel subsequently moved the court to withdraw the original appeal on the ground that the parallel bail appeal was still pending. The court considered whether an appeal could be withdrawn in such circumstances. It held that the appellant was free to withdraw the appeal and therefore dismissed it as withdrawn. The appeal was consequently dismissed without any further hearing.

Issues considered

  • Whether an appeal pending before the High Court can be withdrawn when another related appeal is pending

Subjects

  • withdrawal of appeal
  • pre‑arrest bail
  • criminal procedure
  • appeal dismissed

Judgment

2026:BHC-AUG:37479




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              CRIMINAL APPEAL NO. 685 OF 2026

                                       Punyaratha Vilas Naik
                                              VERSUS
                                The State Of Maharashtra And Others

           Mr. A. G. Kale, Advocate for appellant
           Mr. S. B. Narwade, APP for respondent-State

                                                 CORAM      : R. M. JOSHI, J.
                                                 DATE       : 20th AUGUST, 2026

           PER COURT :-


           1.             Learned Counsel for appellant seeks withdrawal of the appeal

           on the ground that the appellant have already filed another appeal

           seeking pre-arrest bail and said appeal is pending before this Court.


           2.             Appeal stands dismissed as withdrawn.



                                                                  (R. M. JOSHI, J.)

           B. S. Joshi




           917-Cri Appeal-685-2026.odt                                             1 of 1


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