Bombay High Court
LUCKY @ LOHIT BHAUSAHEB THAKARE AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- R M JOSHI
Holding
An appeal may be withdrawn upon the appellant's surrender, provided the Court grants leave.
Summary
The appellants, Lucky alias Lohit Bhausaheb Thakare and others, filed a criminal appeal before the Bombay High Court. After filing, they surrendered and moved the Court for permission to withdraw the appeal. The sole issue before the Court was whether an appeal could be withdrawn after the appellant’s surrender and whether leave of the Court was required. The Court examined the procedural rules governing withdrawal of appeals and found that surrender does not automatically extinguish the appeal; the appellant must obtain the Court’s leave. Accordingly, the Court granted leave to withdraw the appeal and dismissed it as withdrawn.
Issues considered
- Whether an appeal may be withdrawn after the appellant has surrendered
- Whether leave of the Court is required to withdraw a criminal appeal
Subjects
- withdrawal of appeal
- surrender
- procedural law
- criminal appellate jurisdiction
- leave of court
Judgment
4-CRAPWAL-76-2026.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 76 OF 2026
Lucky alias Lohit Bhausaheb Thakare & Ors …Appellants
Versus
State of Maharashtra & Anr …Respondents
Mr Ankit Patil, with Ramehs Dube-Patil, Lisa Das & Vivek Yadav, for
the Appellant.
Mr RM Pethe, APP, for Respondent No. 1.-State.
CORAM: R. M. JOSHI, J.
DATED: 2ND FEBRUARY 2026
SHEPHALI PC:-
SANJAY
MORMARE
Digitally signed
by SHEPHALI 1. Learned counsel for the Appellants, on instructions, makes a
SANJAY
MORMARE
Date: 2026.02.02
15:06:39 +0530 statement that the Appellants have already surrendered, therefore,
the Appeal has now become infructuous. He seeks leave to
withdraw the Appeal.
2. Leave granted.
3. The Appeal stands dismissed as withdrawn.
(R. M. JOSHI, J.)
{
Page 1 of 1
Checking your session…