Bombay High Court
M/S. JOGNIA EEXPLOSIVEversusBANSILAL B. MAIL AND ANR.
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- R N LADDHA
Holding
The appeal is permitted to be withdrawn with liberty to file a fresh appeal before the Sessions Court.
Summary
The appellant, Jognia Explosive, sought permission to withdraw its criminal appeal before the Bombay High Court and instead file a fresh appeal before the Sessions Court, relying on a recent Supreme Court decision. The Court considered the request and, noting the precedent, allowed the withdrawal with liberty to file the new appeal within eight weeks. It directed that the period during which the appeal was pending before the High Court could be excluded for purposes of condoning delay. The Court also ordered the return of a certified copy of the impugned judgment upon verification of a photocopy. Consequently, the appeal was withdrawn and the matter was disposed of, subject to the stipulated conditions for filing before the Sessions Court.
Subjects
- appeal withdrawal
- criminal procedure
- limitation
- procedural law
- high court order
Judgment
Mamta Kale 25-apeal-1101-2007.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 1101 of 2007
M/s Jognia Explosive … Appellant
versus
Bansilal B Mail and Anr. … Respondents
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Mr Ronak M Utagikar i/b Mr T D Deshmukh, for the
Appellant.
Ms M R Tidke, APP, for the Respondent / State.
MAMTA
AMAR
KALE
Digitally signed by
MAMTA AMAR KALE
Date: 2026.03.04
----
17:54:18 +0530
Coram: R.N. Laddha, J.
Date: 4 March 2026
P.C.:
. The learned Counsel for the appellant, on instructions,
seeks leave to withdraw the present appeal with liberty to file
an appeal before the Sessions Court, in view of the judgment of
the Hon'ble Apex Court in the case of Celestium Financial vs A
Gnanasekaran, 2025 SCC OnLine 1320.
2. In view of the submissions made, the appeal is permitted
to be withdrawn with the aforesaid liberty and stands disposed
of accordingly.
Page 1 of 2
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4 March 2026
Mamta Kale 25-apeal-1101-2007.docx
3. In the event such an appeal is filed, the learned Sessions
Court shall consider the question of limitation bearing in mind
that the present appeal was pending before this Court. Any
such appeal shall be filed within a period of eight weeks from
today. The appellant shall be entitled to seek exclusion of the
period during which the present appeal remained pending
before this Court, for the purpose of condonation of delay
before the Sessions Court. The learned Counsel for the
appellant is permitted to apply for the return of a certified copy
of the impugned judgment and order for the purpose of filing
the appeal before the Sessions Court, upon producing a
photocopy thereof. The Registry shall verify the photocopy
and, upon due verification, return the certified copy to the
learned Counsel for the appellant.
(R.N. Laddha, J.)
Page 2 of 2
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4 March 2026
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