Bombay High Court

SACHIN TUKARAM SHEDAGEversusSTATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The court held that, with the applicant’s consent and no opposition, the interim application may be withdrawn and the appeal listed for final hearing.

Summary

The applicant, Sachin Tukaram Shedage, was incarcerated while a Special POCSO case was pending and had been sentenced to 20 years of rigorous imprisonment. He filed Criminal Appeal No. 186 of 2025, which was admitted on 17 February 2025, and subsequently filed Interim Application No. 4425 of 2024 seeking a stay of hearing. The applicant’s counsel, Mr. Sujit Bugade, later informed the court that the applicant wished to withdraw the interim application and that the appeal should be heard on its merits. The State’s counsel and the second respondent’s counsel did not oppose the withdrawal. The court, noting the applicant’s request and the lack of opposition, granted leave to withdraw the interim application and scheduled the criminal appeal for final hearing on 14 October 2026. Consequently, Interim Application No. 4425 of 2024 was disposed of.

Issues considered

Whether the interim application seeking a stay of hearing can be withdrawn by the applicant.
Whether the criminal appeal should be listed for final hearing after withdrawal of the interim application.

Subjects

interim application
withdrawal
criminal appeal
POCSO
rigorous imprisonment
hearing date

Judgment

                                                                           912 - CRI IA - 4425 - 2024.docx



VAIBHAV
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMESH
JADHAV                                   CIRCUIT BENCH AT KOLHAPUR
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.02
19:34:19 +0530
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL INTERIM APPLICATION NO. 4425 OF 2024
                                                     IN
                                       CRIMINAL APPEAL NO.186 OF 2025

                      Sachin Tukaram Shedage                            … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                   … Respondents

                      Mr. Sujeet Bugade for the Applicant.
                      Dr. Ashvini A. Takalkar, APP for the State.
                      Ms. Vaishnavi Swami (through V.C.) for Respondent No.2.
                      D. B. Kurundwade, Khed Police Station, is present.



                                                    CORAM           : ASHWIN D. BHOBE, J.

                                                    DATED           : SEPTEMBER 2, 2026
                      P.C.:


                      1.      Mr. Sujit Bugade, learned Advocate for the Applicant, submits

                      that the Applicant was in jail during the pendency of Special POCSO

                      Case No. 5 of 2021. He submits that the Applicant has been sentenced

                      to undergo rigorous imprisonment for a total period of 20 years. Mr.

                      Sujit Bugade, learned Advocate for the Applicant, submits that Criminal

                      Appeal No. 186 of 2025 was admitted on 17th February 2025 and,

                      therefore, requests that the Appeal be heard on merits. Mr. Sujit

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

                      Applicant, does not press the present Application and seeks leave to




                      VRJ                                                                               1
                                                    912 - CRI IA - 4425 - 2024.docx


withdraw the same. This request is not opposed by Dr. Ashvini A.

Takalkar, learned APP for the State, and Ms. Vaishnavi Swami, learned

Advocate for Respondent No. 2.


2.    Dr. Ashvini A. Takalkar, learned APP for the State, submits that

this matter can be fixed for final hearing.


3.    In view of the statement made by Mr. Sujit Bugade, learned

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

Application.


4.    Subject to receipt of the record and proceedings and the paper

book in the Criminal Appeal No.186 of 2025 being prepared, at the

request of the learned Advocates appearing for the parties, list Criminal

Appeal No. 186 of 2025 for final hearing on 14th October 2026.


5.    Interim Application No. 4425 of 2024 is disposed of.




                                              (ASHWIN D. BHOBE, J.)




VRJ                                                                              2

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