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Bombay High Court

KRISHNARAO RAOSAHEB THAKARE AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed as withdrawn.

Summary

The appellants, Krishnarao Raosaheb Thakare & Ors, filed a criminal appeal before the Bombay High Court. While the appeal was pending, they surrendered, rendering the appeal infructuous. Their counsel sought leave of the court to withdraw the appeal. The court granted the leave and dismissed the appeal as withdrawn. No substantive merits of the appeal were considered.

Issues considered

  • Whether a criminal appeal can be withdrawn after the appellant has surrendered and the appeal is deemed infructuous

Subjects

  • appeal withdrawal
  • criminal procedure
  • surrender
  • infructuous appeal
  • high court

Judgment

                                                                      5-CRAPEAL-98-2026.DOC




                                                                                       Shephali



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                 CRIMINAL APPEAL NO. 98 OF 2026

                   Krishnarao Raosaheb Thakare & Ors                            …Appellants
                         Versus
                   State of Maharashtra & Anr                                 …Respondents


                   Mr Ankit Patil, with Ramehs Dube-Patil, Lisa Das & Vivek Yadav, for
                        the Appellant.
                   Mr AS Gawai, 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
15:06:41 +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     The Appeal stands dismissed as withdrawn.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.)
                                                                                               {




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