Bombay High Court

BABAN KISHAN BHAWARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: RAJNISH R VYAS

Holding

The appeal may be withdrawn at the appellant's request, and the court disposed of it as withdrawn.

Summary

The appellant, Baban Kishan Bhawar, had completed the sentence imposed on him and sought to withdraw his criminal appeal against the State of Maharashtra. The appellant, represented by Ms. Savita P. Kakade, informed the court that he no longer wished to pursue the appeal and presented a certificate from the Open Prison Authority confirming the completion of his term. The court examined the request and, finding no legal impediment, permitted the withdrawal of the appeal. Consequently, the appeal was disposed of as withdrawn, and any pending applications were also dismissed. The decision reflects the principle that an appellant may withdraw a criminal appeal after serving the sentence.

Issues considered

Whether an appellant may withdraw a criminal appeal after completing the sentence imposed

Subjects

criminal appeal
withdrawal of appeal
sentence completed
High Court
procedural law

Judgment

2026:BHC-AUG:3154
                                                   (1)                902criaipl863.25




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               902 CRIMINAL APPEAL NO. 863 OF 2025

                                       BABAN KISHAN BHAWAR
                                                                         ….Appellant
                                                VERSUS

                             THE STATE OF MAHARASHTRA AND ANOTHER
                                                              …..Respondent
                                               WITH
                              CRIMINAL APPLICATION NO. 4019 OF 2019
                                         IN APEAL/863/2025

                Ms. Savita P. Kakade (Matkar), Advocate for the appellant
                Mr. V. K. Kotecha, APP for the respondents/State

                                      CORAM : RAJNISH R. VYAS, J.
                                         DATE : 23rd JANUARY, 2026


                PER COURT :

                1.             Ms. Savita Kakade, learned Advocate for the appellant

                submits that the accused has completed sentence imposed upon him

                and therefore she be permitted to withdraw the present appeal. She

                also invited my attention to the certificate issued by the Open Prison

                Authority.

                2.            The appellant/accused is present in the court.

                3.            On being enquired, he states that he does not wish to

                continue the appeal and wish to withdraw the same.

                4.            In that view of the matter the criminal appeal is

                permitted to be withdrawn.

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                                        (2)                 902criaipl863.25




5.                 Accordingly, the criminal appeal stands disposed off as

withdrawn.

6.                 In view of disposal of the appeal, pending applications, if

any, stand disposed off.



                                              [RAJNISH R. VYAS, J. ]

VishalK/902criaipl863.25




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