Sunil Sambhaji Wanjale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.301 OF 2017 IN CRIMINAL APPEAL NO.453 OF 2014 SUNIL SAMBHAJI WANJALE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT AND CRIMINAL APPLICATION NO.1299 OF 2016 IN CRIMINAL APPEAL NO.453 OF 2014 SAGAR RAJKUMAR MHOKAR )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.P.S.Pathak, Advocate for the Applicants.

Mr.S.V.Gavand, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

3rd MARCH 2017.

avk 1/3

P.C. :

These are applications by original accused nos.1 and 2 respectively for withdrawal of Criminal Appeal No.453 of 2014 filed by both of them jointly. Heard learned advocate appearing for applicants / appellants / accused. He accepts the fact that his clients i.e. appellants have sent these applications through jail for withdrawal of the appeal.

The learned APP submits that both applicants / appellants have sent these applications through jail and both these applications are verified by the Jailer as seen from the record. According to applicants / appellants, they do not want to prosecute their appeal as they have virtually undergone the sentence imposed by the trial court.

As applicants / appellants do not want to prosecute the appeal filed by them, I see no reason not to accede to the request of both applicants / appellants. Therefore, the order : avk 2/3

i) Both the applications are allowed.

ii) As a consequence, Criminal Appeal No.453 of 2014 stands disposed of as withdrawn.

(A. M. BADAR, J.) avk 3/3