Bombay High Court

ZUMBARLAL RAMCHAND KARNAVAT SINCE DECEASED LEGAL HEIR LALIT ZUMBARLAL KARNAVATversusPRATAP SHRIRANGRAO @ SAVALERAM THUBE AND ANR

Decided: 17 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The appellant is permitted to withdraw the appeal with liberty to file a fresh appeal before the Sessions Court.

Summary

The appellant, Zumbarlal Ramchand Karnavat (deceased) represented by his heir Lalit Karnavat, sought permission to withdraw a criminal appeal pending before the Bombay High Court. The respondent State, through its counsel, opposed the withdrawal. The Court referred to its earlier practice in similar matters and to the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2005) SC 2099, which allows an appellant to withdraw an appeal and re‑file it before the Sessions Court, subject to consideration of any delay. The Court granted the appellant liberty to withdraw the appeal and to file a fresh appeal before the Sessions Court, directing the Registry to verify and return a certified copy of the impugned order to the appellant’s counsel. The decision emphasizes procedural compliance for withdrawal and subsequent filing.

Issues considered

Whether an appellant may withdraw a criminal appeal pending before the High Court
Whether the appellant can re‑file the appeal before the Sessions Court after withdrawal
Procedural requirements for withdrawal, including certification of the impugned order

Subjects

withdrawal of appeal
criminal appellate jurisdiction
procedural law
delay
certified copy

Judgment

                                                                132-APEAL-426-2018.doc



Rohit Ghuge


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO. 426 OF 2018

Zumbarlal Ramchand Karnavat Since Deceased Legal … Appellant
Heir Lalit Zumbarlal Karnavat

         Versus
Pratap Shrirangrao @ Savaleram Thube And Anr                  … Respondents
_________________________________________________________________
Ms. Prajit S. Sahane i/b Mr. Chaitanya B. Nikte, Advocate for the
Appellant.
Smt. Kranti Hiwrale, 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 applicant submits that this judgment is
referred to the larger bench.
3.             This court in1 other similar matters permitted the appellant to
withdraw the appeal, hence, the appellant is permitted 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
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

1 (2005) SC 2099.

                                    Page 1 of 2
                                                          132-APEAL-426-2018.doc



Rohit Ghuge


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.)




                                Page 2 of 2

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