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- Allowed To be withdrawn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 Finding no impediment, the Court disposed of the application as withdrawn, granting the liberty sought.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withdrawn with liberty as prayed for.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
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