Bombay High Court
Nagesh Shivtambi Koundar vs The State Of Maharashtra And Anr on 26 August, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:34086
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.662 OF 2024
Nagesh Shivtambi Koundar .....Appellant
Versus
The State of Maharashtra
and another .... Respondents
....
WITH
INTERIM APPLICATION NO.2199 OF 2024
IN
CRIMINAL APPEAL NO.662 OF 2024
....
WITH
INTERIM APPLICATION NO.2200 OF 2024
IN
CRIMINAL APPEAL NO.662 OF 2024
....
WITH
INTERIM APPLICATION NO.3188 OF 2024
IN
CRIMINAL APPEAL NO.662 OF 2024
-----
Mr. Dharmendra D. Jadhav, Advocate (appointed) for the
Appellant/Applicant.
Mr. S.H. Yadav, APP for the Respondent No.1-State.
Mr.Tukaram Shendge,Advocate(appointed) for Respondent No.2.
-----
CORAM : SARANG V. KOTWAL, J.
Digitally signed
by
PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
DATE : 26th AUGUST, 2024
PRAKASHRAO DESHMANE
DESHMANE Date:
2024.08.27
10:48:25
+0530
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Deshmane(PS)
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P.C. :
1. The Appellant/Applicant was the accused in
Special Case No.352/2020 before the Special Judge under the
POCSO Act, Dindoshi, Greater Mumbai. The learned Judge,
vide judgment and order dated 21.4.2023 convicted the
Appellant/Applicant for commission of the offence punishable
under Sections 10 and 12 of the Protection of Children from
Sexual Offences Act, 2012 (for short, 'POCSO Act') and under
Section 354 of IPC. The major sentence imposed on him was
RI for five years besides imposition of fine. He was acquitted
from the charges of commission of offences punishable under
Section 376(AB), 376, 377, 506 of IPC and under sections 4 &
6 of the POCSO Act.
2. The Appellant/Applicant has preferred this Appeal
challenging that judgment and order. However, during
penedncy of the Appeal, the Appellant/Applicant has sent an
application dated 16.7.2024, through jail, expressing his
desire to withdraw that Appeal and making the same prayer.
According to him, his sentence was getting over. On receipt of
this application, I had directed the learned appointed counsel
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for the Appellant to have a video-conference with the
Appellant/Applicant and verify the genuineness of his request.
Accordingly, the learned appointed Advocate had a video-
conferencing with the Appellant/Applicant and he confirms
that the Appellant/Applicant wants to withdraw the Appeal
preferred by him. Learned appointed counsel has furnished a
written purshis noting all these facts. It is taken on record
and marked 'X' for identification.
3. Considering the request made by the
Appellant/Applicant, which is confirmed by the learned
appointed counsel, the Appeal can be permitted to be
withdrawn. Hence, the following order:
ORDER
(i) The Appeal is allowed to be withdrawn and is disposed
of.
(ii) The accompanying applications are also disposed of.
(SARANG V. KOTWAL, J.)
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