Bombay High Court

KHAIYALILAL GANESHALALJI JAINversusCELINA KUMAR FERNANDO AND ANR

Decided: 12 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The High Court may allow an appeal to be withdrawn and grant the appellant liberty to file a fresh appeal before the Sessions Court.

Summary

The appellant, Khaiyalilal Ganeshalalji Jain, filed a criminal appeal before the Bombay High Court. The appellant’s counsel sought permission to withdraw the appeal and to re‑file it before the Sessions Court, relying on a Supreme Court precedent in Celestium Financial v. A. Gnanasekaran. The Court considered the request and the authority of the cited case. It held that the appeal could be withdrawn and the appellant was granted liberty to file a fresh appeal before the Sessions Court, with the Sessions Court to consider any delay. Accordingly, the appeal was withdrawn and the matter disposed.

Issues considered

Whether an appeal pending before the High Court can be withdrawn with liberty to re‑file before the Sessions Court, in accordance with Supreme Court precedent?

Subjects

appeal withdrawal
criminal appellate jurisdiction
procedural law
Supreme Court precedent

Judgment

                                                              133-APEAL-203-2017.doc



Rohit Ghuge


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION

                      CR. APPEAL NO. 203 OF 2017


Khaiyalilal Ganeshalalji Jain                               … Applicant
       Versus
Celina Kumar Fernando And Anr                               … Respondent
________________________________________________________
Ms. Ritu G. Gehlot i/b S. M. Jain Associates, Advocate for the
Applicant.
Smt. Sangita Phad, APP for Respondent-State.
________________________________________________________
                                  CORAM : SHIVKUMAR DIGE, J.
                                  DATE            : 12th FEBRUARY 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appeal is allowed to be withdrawn with aforesaid liberty and disposed of.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 the appeal was pending before this Court.


                                                  (SHIVKUMAR DIGE, J.)
1 (2005) SC 2099.

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