MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.535 OF 2006 Sanjay Shrirang Nikam Appellant versus The State of Maharashtra Respondent D.D.Shinde i/by U.B.Nighot for applicant. V.B.Konde Deshmukh, APP. CORAM : A.M.KHANWILKAR, J. DATE : 9th April 2008 PC : 1. Counsel for the appellant states on instructions that under mistaken belief the appellant filed present appeal, although the appellant was named as one of the appellant in Criminal Appeal No.127 of 2006 along with co-accused. In the circumstances, the appellant seeks permission to withdraw this appeal with liberty to pursue his remedy of appeal already filed being Criminal Appeal No.127 of 2006. Assistant Public Prosecutor has no objection. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed. (A.M.KHANWILKAR, J.)