1 18 APPA612.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION APPA NO.612/2026 WITH CRIMINAL APPEAL NO.418/2026 Kishor s/o Damodhar Gawarle vs. State of Mah., thr.PSO PS Babhulgaon, Taluka Bhabulgaon, District Yavatmal Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri S.A.Mohta, Counsel for the Appellant. Shri S.S.Doifode, Addl.P.P. for the State. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 04 SEPTEMBER, 2026. 1. Heard. 2. After hearing learned counsel for the appellant to some extent and perusing evidence on record, we have shown our disinclination to consider the present application considering direct evidence in the nature of dying declaration and eyewitnesses. 3. Learned counsel for the appellant seeks withdrawal of the application and also shows his willingness to proceed with the appeal. 4. In view of that, the application is disposed of. 5. The appellant is behind the bars. The record and proceeded are already called for. 6. Office is directed to prepare the paper book on receipt of the R&P and the appeal be listed for final disposal. [JUDGE] [JUDGE] !! BrWankhede !! 2026:BHC-NAG:11850-DB Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 08/09/2026 10:08:22