Bombay High Court
AMBUBAI BHIMRAO KANAKIversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the interim application and ordered the appeal to be listed for hearing.
Summary
The applicant filed an interim application seeking to withdraw the application and have the pending criminal appeal of 2019 taken up for hearing. The bench, initially inclined to dismiss the interim application, entertained the counsel's request for liberty to withdraw. The court granted the liberty to withdraw the interim application. Consequently, the interim application was disposed of as not pressed. The court directed that the record be called from the principal seat in Bombay within four weeks and scheduled the criminal appeal for hearing on 4 November 2026.
Issues considered
- Whether the interim application may be withdrawn at the request of the applicant's counsel
- Whether the criminal appeal of 2019 can be scheduled for hearing after withdrawal of the interim application
Subjects
- interim application
- withdrawal
- criminal appeal
- procedural order
- court scheduling
Judgment
2026:BHC-KOL:9451-DB
14.IA.577.2026.odt
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 577 OF 2026
IN
CRIMINAL APPEAL NO. 924 OF 2019
Ambubai Bhimrao Kanaki ...Applicant
Versus
The State of Maharashtra ...Respondent
***
Mr. Amit A. Rakshe i/b Mr. Shreyas Barsawde, Advocate for the
Applicant.
Ms. Mahalaxmi Ganpathy, Addl. G.P. for the Respondent – State.
Mr. Shridhar H. Kumbhar, Liaison Officer, Prison is present in person.
***
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 30 SEPTEMBER, 2026.
P. C. :
1. After the matter was argued for some time and when this
Bench was inclined to dismiss the Interim Application, the learned
counsel appearing for the Applicant, on instructions, seeks liberty to
withdraw the Interim Application. The learned counsel for the
Applicant submits that the Criminal Appeal, being of the year 2019,
may be taken up for hearing.
2. Liberty, as prayed for, is granted.
Shrikant Malani Page 1 of 2
14.IA.577.2026.odt
3. The Interim Application is accordingly disposed of as not
pressed.
4. Call for the record and proceedings from the Principal Seat,
Bombay, within a period of four weeks from today.
5. Let Criminal Appeal No.924 of 2019 come up for hearing
on 04 November 2026.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
Shrikant Malani Page 2 of 2
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