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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