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Bombay High CourtIA/3382/2021disposed off

Dayanand Sadashiv Sathe v. The State Of Maharashtra

2022-02-21Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 15.APEAL.565.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.565 OF 2021 IN INTERIM APPLICATION NO.1786 OF 2021 AND INTERIM APPLICATION NO.3382 OF 2021 Dayanand Sadashiv Sathe Appellant versus The State of Maharashtra and another Respondents None present for appellant.

Mr.Arfan Sait, APP, for State.

CORAM :

PRAKASH D. NAIK, J.

DATE :

21st February 2022 PC :

1.

The appellant-applicant has filed Interim Application No.3382 of 2021 through jail seeking withdrawal of appeal challenging order of conviction on the ground that he has undergone substantial sentence and he would be released shortly from jail. By order dated 6th January 2022 passed in Criminal Appeal No.565 of 2021, the Superintendent of Jail was requested to record statement of appellant-applicant about withdrawal of appeal. 2.

Learned APP tenders report dated 21st February 2022 along with statement of appellant-applicant stating that he may be permitted to withdraw this appeal since the sentence imposed upon MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.02.22 16:01:09 +0530 him is likely to be over shortly. The report/statement is taken on record.

2 of 2 15.APEAL.565.2021.doc 3.

In view of the aforesaid statement, Criminal Appeal No.565 of 2021is allowed to be withdrawn and disposed of. Interim Application No.3382 of 2021 filed through jail is allowed and stands disposed of. In view of withdrawal of Criminal Appeal, Interim Application No.565 of 2021 does not survive and stands disposed of as such.

(PRAKASH D. NAIK, J.) MST