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Bombay High Court

MARK WILLIAM ALAIS ISAI KIPANGETIZ MUTHAY ALAIS ANTHONY OYEMINAversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

Leave to withdraw the appeal was granted, and the appeal was disposed of as withdrawn, causing the interim application to be disposed as well.

Summary

The appellant, Mark William Alais Lsai Kipangetiz Muthay alias Anthony Oyemina, filed a criminal appeal seeking suspension of his sentence and subsequently applied for leave to withdraw the appeal, requesting permission to file a fresh appeal after three months. The learned counsel expressed disinclination to entertain the appeal for suspension of sentence and sought the withdrawal. The Court, after considering the application, granted leave to withdraw the appeal with liberty to file a fresh one later. Consequently, the appeal was disposed of as withdrawn. In view of the disposal, the interim application filed in the same matter was also deemed disposed and does not survive.

Issues considered

  • What is the appropriate procedure for granting leave to withdraw a criminal appeal?
  • Does the disposal of the appeal as withdrawn affect the status of a pending interim application?

Subjects

  • criminal appeal
  • withdrawal of appeal
  • suspension of sentence
  • interim application
  • procedure

Judgment

                                                                 1
                                                                              905-APEAL-33-2026 (CR).DOC


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH
VITHAL
CHAUDHARI
                                             CIRCUIT BENCH AT KOLHAPUR
                                           CRIMINAL APPELLATE JURISDICTION
Digitally signed
by HARISH
VITHAL
CHAUDHARI
Date: 2026.06.15
                                               CRIMINAL APPEAL NO. 33 OF 2026
15:07:00 +0530


                            Mark William Alais Lsai Kipangetiz Muthay
                            Alias Anthony Oyemina                           ...Appellant
                                   VERSUS
                            The State Of Maharashtra                        ...Respondent

                                                            WITH
                                            CRI-INTERIM APPLICATION NO. 39 OF 2026
                                                              IN
                                                CRIMINAL APPEAL NO. 33 OF 2026

                            Mark William Alais Isai Kipangetiz Muthay
                            Alais Anthony Oyemina                           ...Applicant
                                   VERSUS
                            The State Of Maharashtra                        ...Respondent

                                                              -----
                            Mr. Kunal V. Patil i/b Rajnandini P. Katkar for the Applicant.
                            Mr. Anand Subhash Shalgaonkar, APP for the Respondent-State.
                                                               -----

                                              CORAM        :   MEHROZ K. PATHAN, J.
                                              DATE         :   12th JUNE, 2026.
                            P.C.

                            1.       After showing disinclination to entertain the present appeal
                            for suspension of sentence, learned counsel for the Appellant seeks
                            leave to withdraw the appeal with liberty to file a fresh appeal after
                            three months.
                            2.       Leave granted. Appeal is disposed of as withdrawn.
                            3.       In view of disposal of Appeal, Interim Application does not
                            survive and stands disposed.

                                                                        ( MEHROZ K. PATHAN, J.)

                   Harish


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