Created by Fuzzy Cloud

Bombay High Court

VARSHA MADHUKAR BHANDARKARversusAPURWA KASHINATH DIGHAWKAR AND ANR.

Decided
Disposal
Disposed Off

Holding

The High Court may permit withdrawal of a criminal appeal with liberty to re‑file before the Sessions Court.

Summary

Varsha Madhukar Bhandarkar appealed against Apurwa Kashinath Dighawkar and another in a criminal matter. The appellant, through counsel, sought leave to withdraw the appeal and instead file it before the Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran. The High Court considered the submission and allowed the withdrawal with liberty to approach the Sessions Court. Consequently, the appeal was dismissed and recorded as withdrawn. The Court directed the Sessions Court to assess any delay if the appellant later files the appeal there.

Issues considered

  • Whether the appellant may be granted leave to withdraw a criminal appeal pending before the High Court
  • Whether the appellant can be given liberty to re‑file the appeal before the Sessions Court in accordance with the precedent set by Celestium Financial v. A. Gnanasekaran

Subjects

  • criminal appeal
  • withdrawal of appeal
  • procedural law
  • jurisdiction
  • delay

Judgment

                                                                                    138-APEAL-214-2015 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                                  CRIMINAL APPEAL NO. 214 OF 2015

                             Varsha Madhukar Bhandarkar                                   ….Appellant
                             Versus

                             Apurwa Kashinath Dighawkar And Anr.                          …..Respondents
SONALI by
          Digitally signed
          SONALI
       SATISH KILAJE
SATISH Date:
       2026.02.03
                             _________________________________________________________________
KILAJE 15:19:53
       +0700

                             Mr. A.R.Shaikh, Advocate for the Appellant.
                             Mr. P. P. Jadhav, APP for the Respondent-State.
                             _________________________________________________________________

                                                                   CORAM        :     SHIVKUMAR DIGE, J.
                                                                   DATE         :     2nd 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.

                             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.)

                             1 (2005) SC 2099.

                                                                Page 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.