Created by Fuzzy Cloud

Bombay High Court

MARUTRAO SHIVRAM PATILversusMILIND NAMDEV PAWAR AND ANR.

Disposal
Allowed To be withdrawn

Holding

The Court allowed the withdrawal of the application and granted liberty to file the appeal in the Sessions Court.

Summary

The applicant, Marutrao Shivram Patil, filed an application for leave to appeal in the High Court, seeking to withdraw the application and obtain liberty to file an appeal in the Sessions Court. He relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support his request. Counsel for the applicant submitted the statement of withdrawal, which the Court accepted. The Court examined whether the withdrawal could be permitted under criminal appellate procedure. Finding no impediment, the Court disposed of the application as withdrawn, granting the liberty sought. Consequently, the applicant may now pursue an appeal in the Sessions Court.

Issues considered

  • Whether the High Court may permit the withdrawal of an application for leave to appeal and grant liberty to file the appeal in the Sessions Court.

Subjects

  • Leave to appeal
  • Withdrawal of application
  • Criminal appellate jurisdiction
  • Supreme Court precedent
  • Sessions Court appeal

Judgment

                                                                                       37-ALP-85-2019 (CR).odt




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION

                                          APPLICATION FOR LEAVE TO APPEAL
                                               (PRIVATE) NO. 85 OF 2019

                      Marutrao Shivram Patil                        ]     Applicant

                                 versus

                      Milind Namdev Pawar and another               ]     Respondents
                                                         …..
                      Mr. Shubham Dhenge a/w Mr. Shoaib Shaikh i/b Mr. Shrikrishna
                      Ganabavale, Advocates for Applicant.

                      Mr. Anand S. Shalgaonkar, A.P.P, for Respondent No.2- State.
                                                          …..

         Digitally
         signed by
                                                         CORAM : ABHAY J. MANTRI, J.
         SHAILAJA
SHAILAJA SHRIKANT                                        DATE  : SEPTEMBER 10, 2026
SHRIKANT HALKUDE
HALKUDE Date:
         2026.09.11
         10:36:43
                      PER COURT :
         +0530



                      1.              Learned counsel appearing for the applicant submitted that, in

                      view of the judgment of the Hon’ble Supreme Court in Celestium Financial

                      versus A. Gnanasekaran, [2025 SCC OnLine SC 1320], the applicant seeks

                      leave to withdraw the present application with liberty to file an Appeal in the

                      Sessions Court. His Statement is accepted.

                      2.              In view of the statement, the Application is disposed of as

                      withdrawn with liberty as prayed for.

                                                                          (ABHAY J. MANTRI, J.)




                      Shailaja                                                                    Page 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.