Case Note & Summary
The appellant, Jafar Khaja Mainuddin Mulla, was convicted by the Additional Sessions Judge, Solapur on 24 May 2012 for the offence of murder under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment with a fine of Rs.10,000/-. His brother, accused no.2, was acquitted. The appellant filed Criminal Appeal No. 1197 of 2022 before the Bombay High Court, which was admitted on 30 November 2022. Subsequently, the appeal was transferred to the Circuit Bench at Kolhapur on 18 August 2026. On 30 September 2025, the appellant wrote a letter to the Registrar of the High Court at Mumbai stating that as his sentence was nearing completion, he was not interested in prosecuting the appeal. The letter was placed before the Circuit Bench on 9 April 2026. The court appointed Advocate Ms. Neha Farakate to represent the appellant's interests. Ms. Farakate confirmed after video conferencing with the appellant that he insisted on withdrawing the appeal as he was likely to be released on 1 July 2026. The court, satisfied that the withdrawal was voluntary and not under any coercion, permitted the appeal to be withdrawn as not pressed. The appeal was accordingly disposed of.
Headnote
A) Criminal Procedure - Withdrawal of Appeal - Right to Appeal - Waiver - An appellant convicted of murder under Section 302 IPC and sentenced to life imprisonment sought to withdraw his appeal as he was nearing completion of sentence and likely to be released. The court, after ensuring the voluntariness of the request through appointed counsel, permitted withdrawal of the appeal. Held that the right to appeal can be voluntarily waived and the court need not examine merits when the appellant is not interested in prosecuting the appeal (Paras 1-6).
Issue of Consideration
Whether a life convict can be permitted to withdraw his criminal appeal when he expresses no interest in prosecuting it due to impending release.
Final Decision
The appeal is permitted to be withdrawn as not pressed. The appeal is disposed of accordingly.
Law Points
- Right to appeal can be waived voluntarily
- Life convict can withdraw appeal if not interested
- Court must ensure voluntariness
- No merits examination required on withdrawal
Case Details
2026 LawText (BOM) (04) 140
Criminal Appeal No. 1197 of 2022
Madhav J. Jamdar, Pravin S. Patil
Ms. Neha A. Farakate (appointed advocate) for the appellant, Mr. Avinash A. Naik, APP for the Respondent-State
Jafar Khaja Mainuddin Mulla
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC
Remedy Sought
Appellant sought to withdraw his appeal as he was not interested in prosecuting it due to impending release
Filing Reason
Appellant was convicted and sentenced to life imprisonment; he filed an appeal challenging the conviction
Previous Decisions
Trial court convicted appellant under Section 302 IPC and sentenced to life imprisonment; accused no.2 acquitted
Issues
Whether the appellant should be permitted to withdraw his criminal appeal when he expresses no interest in prosecuting it.
Submissions/Arguments
Appellant through appointed counsel submitted that he is not interested in prosecuting the appeal as he is likely to be released on 1 July 2026 after completion of sentence.
Ratio Decidendi
An appellant can voluntarily waive his right to appeal, and the court may permit withdrawal of the appeal without examining merits when the appellant is not interested in prosecuting it, provided the withdrawal is voluntary and not under coercion.
Judgment Excerpts
By the present criminal appeal, challenge is to the legality and validity of the judgment and order dated 24th May 2012 passed by the learned Additional Sessions Judge, Solapur in Sessions case No. 109 of 2011.
The appellant addressed a letter dated 30th September 2025 to the Registrar of this Court at Principal Seat, Mumbai stating that as the sentence imposed on him is nearing the completion, he is not interested in prosecuting criminal appeal.
Today, Ms. Farakate, learned Counsel informed that she had taken instructions from the appellant through video conferencing and the appellant insisted that his appeal be allowed to be withdrawn as he is likely to be released from prison on 1st July 2026 after completion of sentence.
Procedural History
The appellant was convicted on 24 May 2012 by the Additional Sessions Judge, Solapur. He filed Criminal Appeal No. 1197 of 2022 before the Bombay High Court, which was admitted on 30 November 2022. The appeal was transferred to the Circuit Bench at Kolhapur on 18 August 2026. On 9 April 2026, the appellant's letter expressing disinterest was placed before the court. The court appointed counsel and after verification, permitted withdrawal on 27 April 2026.
Acts & Sections
- Indian Penal Code, 1860: 302
