-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 299 OF 2006 Satish Sitaram Naidu .. Appellant. V/s. The State of Maharashtra .. Respondent. --- Through Jail : Mr. P.V.Dhopatkar, appointed Advocate for the Appellant. Mr. Y.M.Nakhawa APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 20th JANUARY, 2009. DATED : 20th JANUARY, 2009. DATED : 20th JANUARY, 2009. P.C.: P.C.: P.C.: . Heard Mr. Dhopatkar, appointed Advocate for the Appellant and Mr. Nakhawa, learned APP for the Respondent -State. 2. The appellant is convicted by the Additional Sessions Judge, Gr. Mumbai under section 307 of the I.P.C. and sentenced to suffer R.I. for a period of five years. He was also sentenced to pay a fine of Rs. 10,000/- , in default to further undergo R.I. for six months. -: 2 :- 3. The appeal is admitted on 14th of November, 2006. The appellant has filed application dated 7.6.2008 through jail. The application is written before the Jailor of Kolhapur Central Prison,Kalmba and there is endorsement to that effect. By this application it is pointed out by the appellant that he has almost undergone entire sentence and therefore, he is not interested in pressing this appeal and the same be dismissed. 4. By order dated 12.01.2009, the learned APP is directed to verify from the office of the concerned Jailor, whether the appellant has already undergone the sentence etc.. 5. Mr. Nakhawa, the learned APP today submitted the report of the Superintendent of Kolhapur Central Prison Kalmb, where the present appellant is undergoing sentence. The report shows that till 31.12.2008, the appellant has undergone 4 years, 6 moths and three days sentence. 6. Both Mr. Dhopatkar, Advocate for the appellant and Mr. Nakhawa, learned APP submit that within the period two months, approximately, the appellant is likely to be released. -: 3 :- 7. In the facts and circumstances of the case mentioned above, I grant leave to the appellant to withdraw the appeal. Appeal is accordingly dismissed as withdrawn. The report of the Jailor, Kolhapur Central Prison Kalmba is taken on record. (R.V.MORE,J.)