Bombay High Court
SHANKAR SHRIPATI GAIKWADversusINDIRA KESHAV SHIVGAN AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The High Court may allow withdrawal of an appeal with liberty to re‑file before the Sessions Court.
Summary
The appellant, Shankar Shripati Gaikwak, sought leave to withdraw his criminal appeal pending before the Bombay High Court and to re‑file it before the Sessions Court, relying on a precedent of the Supreme Court. The respondent State, represented by Ms. Kranti T. Hiwrale, opposed the withdrawal. The learned counsel for the appellant argued that the Apex Court’s decision in Celestium Financial v. A. Gnanasekaran permitted such withdrawal with liberty to re‑file. The Court considered the submission and the cited authority and held that the appeal could be withdrawn with the liberty to approach the Sessions Court. Consequently, the appeal was allowed to be withdrawn, the matter was disposed, and the appellant was permitted to retrieve the certified copy of the impugned order for the purpose of filing a fresh appeal.
Issues considered
- Whether an appellant may withdraw an appeal pending before the High Court and be granted liberty to re‑file the same before the Sessions Court
Subjects
- appeal withdrawal
- criminal procedure
- re‑filing of appeal
- procedural law
- High Court jurisdiction
Judgment
129-APEAL-1431-2019 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1431 OF 2019
Shankar Shripati Gaikwad … Appellant
VERSUS
Indira Keshav Shivgan And Anr. … Respondents
_________________________________________________________________
Digitally signed
None for Appellant.
by SONALI
SONALI SATISH
KILAJE
SATISH Date:
KILAJE 2026.05.05
11:33:36
Ms. Kranti T. Hiwrale, APP for Respondent-State.
+0700
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 30th APRIL, 2026.
P.C. :
1. Heard learned counsel for the appellant.
2. Learned counsel for the appellant, on instructions, seeks leave
to withdraw the appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case of
Celestium Financial Vs. A. Gnanasekaran & Etc.1
3. Considering the submission of learned counsel for the appellant,
appeal is allowed to be withdrawn with aforesaid liberty and disposed of.
4. Learned Sessions Court shall consider the delay, if appeal is
filed, as application was pending before this Court.
5. Learned advocate for the appellant is permitted to take back the
certified copy of the impugned order for the purpose of filing an appeal
before the Sessions Court. Upon submission of a photocopy of the
impugned order, the Registry shall verify the same and thereafter return
the certified copy to the learned advocate for the appellant.
(SHIVKUMAR DIGE, J.)
1 (2005) SC 2099.
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