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Bombay High Court

PRASHANT ALIAS PRASAD BALIRAM KALBANDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The Court held that the criminal application could be withdrawn and disposed of it as withdrawn.

Summary

The appellant, Prashant alias Prasad Baliram Kalbande, filed Criminal Application No. 3143 of 2026 in Criminal Appeal No. 118 of 2026 but the application was not listed for hearing. The appellant's counsel, Mr. Sudarshan J. Salunke, sought the Court's permission to withdraw the pending application. The Bench examined the request and, noting that the application had not been listed, allowed the withdrawal. Consequently, the Court disposed of Criminal Application No. 3143 of 2026 as withdrawn. The Court also directed that the appeal itself be listed for hearing on 12 October 2026.

Issues considered

  • Whether a criminal application that has not been listed for hearing may be withdrawn at the request of the appellant.

Subjects

  • withdrawal of criminal application
  • procedural order
  • listing of appeal
  • high court procedure

Judgment

2026:BHC-AUG:45902


                                                                  934-Cri-Apln-118-2026.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD
                             934 CRIMINAL APPEAL NO. 118 OF 2026
                                                WITH
                                CRIMINAL APPLICATION NO. 3143 OF 2026
                                           WITH
                                CRIMINAL APPEAL NO. 1 OF 2026
                         PRASHANT ALIAS PRASAD BALIRAM KALBANDE
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                 .…
                 Mr. Sudarshan J. Salunke, Advocate for Appellant
                 Mr. N. D. Raje, Advocate for Respondent No.1 - State
                 Ms Mangal V. Manal - Chavan, Advocate (Appointed through
                 Legal Aid) for Respondent No.2
                                                 .…

                                    CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : 23 September, 2026
                 PER COURT :-

                 1.          Mr. Salunke, learned counsel submits that he has filed
                 Criminal Application No.3143 of 2026 in Criminal Appeal No.118
                 of 2026, but the same is not listed today. He seeks permission to
                 withdraw the same.

                 2.          In view of above, Criminal Application No. 3143 of
                 2026 is disposed off as withdrawn.

                 3.          This Court is ready to hear the appeals itself.
                 Therefore, appeals be listed for hearing on 12.10.2026.



                                                      [ ABHAY S. WAGHWASE, J. ]
                 SMS



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