Bombay High Court

VISHAL MANIK SARDEversusSTATE OF MAHARASHTRA AND ANR.

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The interim application was allowed to be withdrawn and dismissed, and the criminal appeal was scheduled for a final hearing on 9 September 2026.

Summary

The applicant, Vishal Manik Sarde, who has been incarcerated for approximately nine years, filed an interim application in Criminal Appeal No. 699 of 2023. Counsel for the applicant sought to withdraw this interim application and requested that the appeal be heard on the merits without further delay. The Court permitted the withdrawal of the interim application and dismissed it. It then ordered that the criminal appeal be listed for a final hearing on 9 September 2026. The order was pronounced by Justice Madhav J. Jamdar.

Issues considered

Whether an interim application filed in a criminal appeal can be withdrawn at the request of the applicant's counsel
Whether the court may schedule a final hearing of the criminal appeal upon withdrawal of the interim application

Subjects

interim application
withdrawal
criminal appeal
hearing schedule
procedural order

Judgment

                                                                               205-IA-2506-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by                    CRIMINAL APPELLATE JURISDICTION
         ARJUN
ARJUN    VITTHAL
VITTHAL  KUDHEKAR
KUDHEKAR Date:
         2026.08.19
                                      INTERIM APPLICATION NO.2506 OF 2026
         20:15:47
         +0530                                        IN
                                        CRIMINAL APPEAL NO.699 OF 2023

                      Vishal Manik Sarde                                       ...Applicant
                              Versus
                      The State of Maharashtra & Anr.                          ...Respondents
                                                   ——————
                      Mr. Milan Desai a/w Rohan Naidu, for the Applicant.
                      Ms. M. R. Tidke, APP, for the Respondent-State.
                                                     ——————
                                                        Coram: Madhav J. Jamdar, J.
                                                        Date: August 19, 2026
                      P.C.:

                      1.      Mr. Desai, learned Counsel appearing for the Applicant, after

                      arguing the Interim Application for some time, seeks withdrawal of the

                      Interim Application. However, he states that as the Applicant is in jail for

                      last about 9 years, the Criminal Appeal be heard finally immediately.

                      2.      Accordingly, the Interim Application is allowed to be withdrawn

                      and dismissed as such.

                      3.      The Criminal Appeal be placed for ‘final hearing’ on 9th

                      September 2026. To be shown fairly ‘high on board’.


                                                                        [Madhav J. Jamdar, J.]




                      Arjun                               1

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