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Bombay High Court

SACHIN MANOHAR KHAMBE @ LUCKYversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that where the sentence has been completed and there is no prosecutorial interest, the appeals may be disposed of.

Summary

The appellants, having completed their sentences and been released from jail, filed multiple criminal appeals and applications before the Bombay High Court. The State and the appellants indicated that they were no longer interested in pursuing the appeals. The Court observed that, since the sentences were served and there was no prosecutorial interest, there was no substantive matter left for adjudication. Consequently, the Court disposed of all the pending appeals filed by both the accused and the State. With the disposal of the appeals, the related criminal applications were also deemed disposed.

Issues considered

  • Whether criminal appeals can be disposed of when the appellant has completed the sentence and there is no interest in further prosecution.

Subjects

  • Criminal appeal
  • Disposition
  • Completion of sentence
  • Lack of prosecutorial interest
  • Pending criminal applications

Judgment

                                                      301.APP 1734-2017.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                              APPEAL NO.638 OF 2016
                                      WITH
                       CRIMINAL APPLICATION NO.1734 OF 2017
                                      WITH
                        CRIMINAL APPLICATION NO.65 OF 2018

Sachin Manohar Khambe @ Lucky                …    Appellant
          Versus
State of Maharashtra And Ors.                …    Respondents

                                      WITH
                              APPEAL NO.433 OF 2015

Vencil Roy Miranda @ Monty                   …    Appellant
          Versus
State of Maharashtra                         …    Respondent

                                      WITH
                              APPEAL NO.793 OF 2014

Nitin Prabhakar Pawar @ Maya                 …    Appellant
          Versus
State of Maharashtra And Ors.                …    Respondents

                                      WITH
                              APPEAL NO.346 OF 2015

The State of Maharashtra            …             Appellant
         Versus
Vencil Roy Miranda @ Monty And Ors. …             Respondents




RaJesh Chittewan, PS                                                     1/2
                                                           301.APP 1734-2017.doc

                                   …..
Mr. Yog Mohit Chaudhary for the Appellant(s)/Applicant(s).
Mr. A.A. Palkar, A.P.P for the Respondent-State.
                                   …..

                                        CORAM: M.S. KARNIK &
                                               SANDESH D. PATIL, JJ.

                                        DATED : 11th SEPTEMBER 2026
P.C.

1.        The Appellants have completed the sentence and have since

been released from jail.


2.        It appears that the parties are not legally interested in

prosecuting the Appeals any further. In such view of the matter, the

Appeals filed by the accused as well as by the State, are disposed of.


3.        In view of disposal of the Appeals, nothing further survives for

consideration in the pending Criminal Applications, hence, the

Criminal Applications also stand disposed of.




(SANDESH D. PATIL, J.)                               (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                          2/2
                  Digitally signed by
 RAJESH    RAJESH VASANT
 VASANT    CHITTEWAN
 CHITTEWAN Date: 2026.09.16
           10:51:05 +0530


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