Bombay High Court
ASHOK SADASHIV KHAIRNARversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
Leave to withdraw the appeal was granted, and the appellant was given liberty to file a fresh appeal after six months if the trial remains pending.
Summary
The appellant, Ashok S. Khairnar, sought the court's permission to withdraw his criminal appeal and requested liberty to file a fresh appeal after six months if the trial remained pending. The learned counsel for the appellant made the application on behalf of his client. The High Court considered whether such a withdrawal could be permitted and whether liberty to re‑file could be granted. The Court granted leave to withdraw the appeal and allowed the appellant to file a fresh appeal after six months, provided the trial was not concluded. Consequently, the appeal was disposed of as withdrawn with the liberty sought.
Issues considered
- Whether the appellant may be granted leave to withdraw the pending criminal appeal
- Whether the court can grant liberty to the appellant to file a fresh appeal after a six‑month period if the trial is not concluded
Subjects
- appeal withdrawal
- criminal procedure
- leave to withdraw
- fresh appeal
- high court
Judgment
Digitally
signed by
DINESH
DINESH SADANAND
SADANAND SHERLA
SHERLA Date: 22-APEAL-723-26.odt
2026.09.28
18:57:26
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.723 OF 2026
Ashok S. Khairnar …Appellant.
V/s.
The State of Maharashtra & Anr. ...Respondents.
…………..
Mr. Akshay Bakapur for the Appellant.
Mr. V.N. Sagare, APP for the Respondent/State.
Ms Pratiksha Thube, Appointed Advocate (through VC) a/w.
Ms. Ritika Harisinghani for Respondent No.2.
HC 511 S.A. Raut, Chandwad Police Station is present.
…………..
CORAM : N.R. BORKAR, J.
DATE : 28.09.2026.
P.C. :
1. The learned counsel for the appellant, on instructions, seeks
leave to withdraw the present appeal with liberty to file a fresh
appeal after six months, if the trial is not concluded by that time.
2. Leave granted. The Appeal is disposed of as withdrawn with
liberty as sought.
[N.R.BORKAR, J.]
Dinesh S. Sherla 1/1
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