Bombay High Court

DIVYA JITEN NAGDAversusM/S. R. K. BOTTLING AND COMPANY AND ORS

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

Holding

An appellant is permitted to withdraw a pending criminal appeal and re‑file it before the Sessions Court, with the lower court treating any delay as if the appeal had remained pending before the High Court.

Summary

The appellants in three criminal appeals sought to withdraw their appeals before the Bombay High Court and instead file them before the Sessions Court. The court considered whether such withdrawal was permissible, referencing its own practice in similar matters and the Supreme Court decision in Celestium Financial v. A. Gnanasekaran. It held that the appellant could withdraw the appeal and that the Sessions Court would treat any delay as if the appeal had been pending before the High Court. The court also directed that the certified copy of the impugned order be returned to the appellant’s counsel for filing in the Sessions Court. Consequently, the court granted permission to withdraw the appeals and proceed in the lower court.

Issues considered

Whether an appellant may withdraw a criminal appeal pending before the High Court and re‑file it before the Sessions Court.
Whether the Sessions Court can consider the period of delay as part of the appeal proceedings.

Subjects

withdrawal of appeal
criminal appellate jurisdiction
procedural law
delay
certified copy
larger bench

Judgment

                                                       143-APEAL-215-2016.doc


Rohit Ghuge

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                     CRIMINAL APPEAL NO. 215 OF 2016

                               Divya Jiten Nagda
                                     Versus
                 M OF s. R. K. Bottling And Company And Ors

                                  with
                     CRIMINAL APPEAL NO. 216 OF 2016

                            Anup Mahendra Shah
                                     Versus
                 M OF s. R. K. Bottling And Company And Ors

                                  with
                     CRIMINAL APPEAL NO. 217 OF 2016

                           Shilpa Deepak Savla
                                   Versus
               M OF s. R. K. Bottling And Company And Ors
_________________________________________________________________
Mr. M. D. Mali i/b Mr. M. D. Mali & Co., Advocate for the Appellant in all
matters.
Ms. Gauri Rao, APP for Respondent-State.
Mr. Shailesh Kantharia, Advocate for Respondent No. 3 in Appeal No.
215/16 to 217/16.
_________________________________________________________________

                                      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

                                   Page 1 of 2
                                                       143-APEAL-215-2016.doc


Rohit Ghuge

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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