Bombay High Court
PAWANKUMAR GUPTA THROUGH HIS SON AND CONSTITUTED ATTORNEY NIMISH PAWANKUMAR GUPTAversusTHE STATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal is allowed to be withdrawn with liberty to file a fresh appeal before the Sessions Court.
Summary
The appellant, Pawankumar Gupta, filed a criminal appeal (Cr. Appeal No. 195 of 2015) before the Bombay High Court and later sought to withdraw the appeal, requesting liberty to file a fresh appeal before the Sessions Court, citing the Supreme Court's decision in Celestium Financial v. Ghanasekaran. The learned counsel for the appellant submitted a petition for withdrawal. The Court considered the submission and allowed the withdrawal of the appeal with the liberty to approach the Sessions Court. Consequently, the appeal was dismissed and recorded as withdrawn. The Court directed the Sessions Court to consider any delay if a fresh appeal is filed, as the original application was pending before the High Court.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn with liberty to file a fresh appeal before the Sessions Court
Subjects
- appeal withdrawal
- criminal appellate jurisdiction
- procedural law
- delay
- sessions court
Judgment
49-APEAL-195-2015.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 195 OF 2015
Pawankumar Gupta Through His Son And … Appellant
Constituted Attorney
Nimish Pawankumar Gupta
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE Versus
KAMBLE Date: 2026.01.09
11:27:18 +0530
The State Of Maharashtra And Anr. … Respondents
________________________________________________________
Mr.Kishor N. Bhatia, for the Appellant.
Mr.M.G. Patil, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th JANUARY, 2026
P.C. :
. Heard learned counsel for Applicant and learned APP for the
Respondent No.2-State.
2. Learned counsel for Appellant on instructions seeks leave to
withdraw this appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case
Celestium Financial Vs. Ghanasekaran Etc.1
1 (2005) SC 2099.
Page 1 of 2
49-APEAL-195-2015.doc
N.S.Kamble
3. Considering the submission of learned counsel for Appellant,
Appeal is allowed to be withdrawn with aforesaid liberty.
4. Appeal is dismissed and disposed of as withdrawn.
5. Learned Sessions Court shall consider the delay, if appeal is
filed as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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