Bombay High Court

SARLA VISHANJI MOTAversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 17 February 2026
Disposal: Disposed Off

Holding

The appeal may be withdrawn with liberty to re‑file before the Sessions Court.

Summary

The appellant, Sarla Vishanji Mota, filed a criminal appeal before the Bombay High Court and later sought permission to withdraw the appeal, requesting liberty to re‑file it before the Sessions Court in accordance with the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The learned counsel for the appellant submitted the application for withdrawal. The Court considered the submission and allowed the withdrawal, granting the appellant liberty to file a fresh appeal before the Sessions Court. The High Court directed that the Sessions Court should consider any delay if the appeal is re‑filed, and ordered the return of the certified copy of the impugned order to the appellant’s counsel. Consequently, the appeal was disposed of after granting the withdrawal.

Issues considered

Whether a criminal appeal pending before the High Court can be withdrawn with liberty to re‑file before the Sessions Court as per Supreme Court precedent.

Subjects

appeal withdrawal
criminal procedure
re‑filing of appeal
High Court
procedural law

Judgment

                                                                 131-APEAL-417-2018.doc



Rohit Ghuge


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                      CRIMINAL APPEAL NO. 417 OF 2018

Sarla Vishanji Mota                                            … Appellant

         Versus
The State Of Maharashtra And Anr                               … Respondents
_________________________________________________________________
Mr. Dilip P. Devadiga, Advocate for the Appellant.
Mr. Yogesh Israni, Advocate for Respondent No. 2.
Mr. B. B. Kulkarni, APP for Respondent-State.
_________________________________________________________________
                                   CORAM           : SHIVKUMAR DIGE, J.
                                   DATE            :   17th FEBRUARY 2026
P.C. :

.              Heard learned counsel for the appellant and learned APP.
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.
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.
                                     Page 1 of 1

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