Bombay High Court

RAMCHANDRA NARAYAN ERANDEversusSANJAY PRABHAKAR DESHPANDE AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The High Court permits the appellant to withdraw the pending appeal and to re‑file it before the Sessions Court.

Summary

The appellant, Ramchandra Narayan Erande, sought permission to withdraw his criminal appeal (Criminal Appeal No. 168 of 2017) before the Bombay High Court. The learned counsel argued that similar cases allowed withdrawal and that the appellant could re‑file the appeal before the Sessions Court, citing the Apex Court’s view in Celestium Financial v. A. Gnanasekaran. The Court examined whether the appeal could be withdrawn at this stage and the procedural consequences of filing a fresh appeal in the Sessions Court, including consideration of any delay. Relying on precedent, the Court permitted the appellant to withdraw the appeal and to file a new appeal before the Sessions Court, directing the Registry to verify and return the certified copy of the impugned order. The decision thus allows the appellant to restart the appeal process in the lower court while acknowledging the need to assess any delay there.

Issues considered

Whether the appellant may withdraw the appeal pending before the High Court
Whether a fresh appeal can be filed before the Sessions Court after withdrawal
How any delay in filing the new appeal should be treated by the Sessions Court

Subjects

appeal withdrawal
criminal procedure
jurisdiction
certified copy
delay

Judgment

                                                        144-APEAL-168-2017.doc


Rohit Ghuge


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL APPEAL NO. 168 OF 2017
                       Ramchandra Narayan Erande
                                 Versus
                  Sanjay Prabhakar Deshpande and anr.
_________________________________________________________________
Mr. Chandana Salgavkar, Advocate for the Applicant.
Mr. M.G. Patil, APP for Respondent-State.
_________________________________________________________________

                                      CORAM      :    SHIVKUMAR DIGE, J.
                                      DATE       :    4th MARCH, 2026.
P.C. :

.             Heard learned counsel for the appellant and learned APP.
2.            Learned counsel for the applicant submits that this judgment is
referred to the larger bench.
3.            This court in other similar matters permitted the appellant to
withdraw the appeal, hence, the appellant is permitted 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
4.            Learned Sessions Court shall consider the delay, if appeal is
filed, as the appeal was pending before this Court.
5.            Learned advocate for the applicant is permitted to take back
certified copy of the impugned order for filing the appeal in the Sessions
Court. On submitting a photocopy of the impugned order, Registry shall
verify the photocopy and return the certified copy to the learned advocate
for the applicant.
                                                      (SHIVKUMAR DIGE, J.)
1(2005) SC 2099.

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