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Bombay High CourtAPEAL/1587/2019disposed off

Maqbul Alihasan Shaikh v. The State Of Maharashtra

2022-07-08Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 18-ia513.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 513 OF 2022 IN CRIMINAL APPEAL NO. 1587 OF 2019 Maqbul Alihasan Shaikh .....Applicant Vs.

The State Of Maharashtra .....Respondent None for the Applicant.

Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 8th JULY, 2022.

P.C.:- This is an Application received through Jail. Applicant has stated that, he is accepting the conviction and sentence imposed upon him by the Trial Court. That, he has now changed his thoughts, to not to pursue the Appeal and has requested this Court to allow him to withdraw the present Appeal.

Perusal of record indicates that by an Order dated 18th February, 2020, the Application filed by the Applicant for suspension of sentence and releasing him on bail during the pendency of the Appeal was rejected by the co-ordinate Bench by an elaborate Order. 1/2

ssm 2 18-ia513.22.doc On earlier occasion, this Court had directed the learned APP to record statement of the Applicant who is presently lodged at Nashik Road Central Prison, Nashik for undergoing sentence, as to what he really intends about his Appeal.

Learned APP has produced on record a photocopy of statement of Applicant recorded on 24th June, 2022. In his statement, the Applicant had stated that, he does not wish to pursue the present Appeal further and the same may be disposed off. The said report is taken on record. As the Applicant/Appellant is not desirous of pursuing the present Appeal and wants to withdraw it, he is granted leave for the same. Appeal is accordingly disposed off, as withdrawn. As a consequence thereof, Interim Application No.513 of 2022 is accordingly disposed off.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2022.07.14 17:49:17 +0530 SANJIV SHARNAPPA MASHALKAR 2/2