1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.928 OF 2005 Abhiman S.Deokar .. Appellant. V/s. The State of Maharashtra .. Respondents None for the appellant. Ms.M.H.Mhatre, A.P.P. for the Respondents. CORAM : A.R.JOSHI, J. DATED : 13th JULY, 2009. P.C. It is the repeated request by the applicant accused for withdrawal of this appeal bearing No.928 of 2005. Earlier such request was made vide letter through jail dated 24th November, 2008, and it was taken before another bench and directions were issued to the concerned jail authorities to ascertain the desire of the appellant to get fresh application in writing. On such directions, present second application in writing dated 13th February, 2009 is received by the department through Superintendent, Central Prison, Kolhapur, Kalamba. 2 2. It appears that for the offence punishable under section 306 and 498 A of Indian Penal code, Appellant accused was convicted for 7 years. Said order of conviction was passed on 10th February, 2005. It appears that till today applicant is in jail for more then five years and after getting the remission of about 1 and ½ years, his undergone sentence will be more . This is more so in view of the report filed by the Kolhapur Jail and produced today in the Court. Said report is marked as “X” for identification. 3. Under these circumstances, the present application which is dated 13th February, 2009 for withdrawal of his appeal is allowed. The appeal is accordingly disposed of and dismissed. 4. The concerned jail authorities be directed to communicate the present order to the appellant who is in Central Prison, Kolhapur, Kalamba prison. (A.R. JOSHI, J.)