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Bombay High Court

ISMILE ABBAS TETVILKAR AND ORS.versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court disposed of the applications of Applicants No.1 and No.2 as withdrawn, while allowing the application of Applicant No.3 to proceed.

Summary

The applicants Navnath Waghmare, Ismile Abbas Tetvilkar and Hasan Abbas Tetvilkar filed a criminal application for leave to appeal before the Bombay High Court. During the hearing, counsel for the applicants informed the court that Applicants No.1 and No.2 wished to withdraw their applications. The court accepted this request and ordered that the applications of Applicants No.1 and No.2 be disposed of as withdrawn. No substantive merits of the applications were considered. The court further directed that the application filed by Applicant No.3 would continue to be heard. The order was pronounced by Justice M.M. Sathaye on 31 July 2026.

Issues considered

  • Whether the applications of Applicants No.1 and No.2 may be withdrawn at the hearing

Subjects

  • withdrawal of application
  • criminal appellate jurisdiction
  • procedural order
  • Bombay High Court

Judgment

                                                                        7-APPP-938-2019.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION IN APPLICATION NO. 938 OF 2019
                                                     WITH
         Digitally
                           APPLICATION FOR LEAVE TO APPEAL(PVT.) (ST) NO. 300 OF 2019
         signed by
         NAVNATH
NAVNATH  SITARAM
SITARAM  WAGHMARE
WAGHMARE Date:
                      Ismile Abbas Tetvilkar And Ors
         2026.07.31
         20:15:42
                                                                             ... Applicants
         +0530
                                     Versus
                      The State Of Maharashtra                               ...Respondent

                                                         ****
                      Ms. Shivani S. Samel for the Applicants.
                      Mr. D.J. Haldankar APP for the Respondent/State.
                      Mr. Ismile Abbas Tetvilkar, Applicant No.1 is present.
                      Mr. Hasan Abbas Tetvilkar Applicant No.2 is present.
                                                         ****
                                                  CORAM : M.M. SATHAYE, J.
                                                    DATE : 31st JULY, 2026
                      P.C. :

                      1.       Learned counsel for the Applicants submits that Applicant No.1
                      and Applicant No.2 are present in the Court who are duly identified by
                      her. She states that they wish to withdraw the applications.

                      2.       On such request made, the applications are disposed of as
                      withdrawn, so far as the it relates to Applicant Nos. 1 and 2.

                      3.       The application shall continue for Applicant No.3.


                                                                      (M.M. SATHAYE, J.)




                      Navnath Waghmare                                                        1


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