Bombay High Court

NITESH NARAYAN RANEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the interim application, disposing of it as withdrawn.

Summary

The applicant, Nitesh Narayan Rane, filed an interim application seeking suspension of his conviction under Section 389 of the Code of Criminal Procedure and Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending the hearing of Criminal Appeal No. 106 of 2026. The conviction had been imposed by the Additional Sessions Judge, Sindhudurg, on 27 April 2026. Subsequently, the sentence was suspended, prompting the applicant’s counsel to move for withdrawal of the interim application. The State’s counsel did not oppose the withdrawal. The Court, noting the applicant’s changed circumstances, granted leave to withdraw and disposed of the interim application as withdrawn.

Issues considered

Whether the interim application for suspension of conviction should be entertained pending the appeal.
Whether the applicant may withdraw the interim application after the sentence has been suspended.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 430
Code of Criminal Procedure — s. 389

Subjects

criminal appeal
interim application
suspension of conviction
withdrawal of application
criminal procedure

Judgment

                                                                                939 - CRI IA - 288 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                        CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.10
10:08:15 +0530
                                 CRIMINAL INTERIM APPLICATION NO. 288 OF 2026
                                                     IN
                                       CRIMINAL APPEAL NO. 106 OF 2026

                      Nitesh Narayan Rane                                  … Applicant
                                   V/s.
                      The State of Maharashtra                             … Respondent

                      Mr. Sangram Desai with Advait Vajaratkar, Janhavi D.,
                      Sanjana Desai and Saurav Desai for the Applicant.
                      Mr. Shriram Chaudhari, APP for the State.



                                                        CORAM        : ASHWIN D. BHOBE, J.

                                                        DATED        : SEPTEMBER 9, 2026
                      P.C.:


                      1.      By the present Application, the Applicant has sought the

                      following substantive relief:

                              “A.    Pending the hearing and final disposal of the Criminal Appeal, this
                              Hon’ble Court may be pleased to suspend the Conviction imposed upon the
                              Applicant under section 389 of the Code of Criminal Procedure/Section 430
                              of the Bharatiya Nagarik Suraksha Sanhita 2023 imposed on him vide the
                              Judgment and Order dated 27.04.2026 passed by the Learned Additional
                              Sessions Judge, Sindhudurg at Oros in Sessions Case No.13 of 2021;”

                      2.      Mr. Sangram Desai, learned Advocate for the Applicant, states

                      that the sentence imposed by the impugned judgment and order dated

                      27th April 2026 has been suspended. In view of the same, Mr. Sangram

                      Desai, learned Advocate for the Applicant, on instructions from the

                      Applicant, seeks leave to withdraw the present Application.



                      VRJ                                                                                   1
                                                  939 - CRI IA - 288 - 2026.docx


3.    Mr. Shriram Chaudhari, learned APP for the State, does not

oppose the said request.


4.    In view of the statement made by Mr. Sangram Desai, learned

Advocate for the Applicant, leave is granted to withdraw the present

Interim Application No. 288 of 2026.


5.    Interim Application No. 288 of 2026 is disposed of as withdrawn.




                                         (ASHWIN D. BHOBE, J.)




VRJ                                                                           2

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