Bombay High Court

ASLAM SHAIKHversusMOHD. JAFAR MAINUDDIN QURESHI AND ANR

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

Holding

The appeal may be withdrawn with liberty to re‑file before the Sessions Court.

Summary

The appellant, Aslam Shaikh, filed Criminal Appeal No. 211 of 2017 in the Bombay High Court against the respondents. During the hearing, counsel for the appellant sought permission to withdraw the appeal and obtain liberty to re‑file it before the Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The Court considered the submission and the precedent, and allowed the withdrawal of the appeal with the specified liberty. It directed that the Sessions Court, if approached, should examine any delay in filing. Consequently, the appeal was withdrawn and the matter was disposed of by the High Court.

Issues considered

Whether a criminal appeal pending before the High Court can be withdrawn with liberty to re‑file before the Sessions Court.

Subjects

criminal appeal
withdrawal of appeal
procedural law
re‑filing
jurisdiction

Judgment

                                                              134-APEAL-211-2017 .doc



Rohit Ghuge


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION

                      CR. APPEAL NO. 211 OF 2017


Aslam Shaikh                                                … Applicant
       Versus
Mohd. Jafar Mainuddin Qureshi And Anr                       … Respondent
________________________________________________________
Mr. Santosh Kyadiguppi, Advocate for the Applicant.
Mr. P. P. Jadhav, 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appeal is allowed to be withdrawn with aforesaid liberty and disposed of.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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