Bombay High Court
SHILPA STOCK BROKER PVT. LTDversusROHIDAS MANOHAR JADHAV AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court allowed the withdrawal of all pending appeals with liberty to file a fresh appeal before the Sessions Court.
Summary
Shilpa Stock Broker Pvt Ltd filed multiple criminal appeals before the Bombay High Court against Rohidas Manohar Jadhav and another. The appellant sought leave to withdraw all the appeals and obtain liberty to file a fresh appeal before the Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran. The learned counsel submitted that the withdrawal would not prejudice the respondents and that the Sessions Court could consider any delay. The Court, after considering the submission, permitted the withdrawal of all appeals with liberty to re‑file before the Sessions Court. Consequently, the appeals were dismissed and recorded as withdrawn, with a direction that the Sessions Court may assess any delay if the appeals are re‑filed.
Issues considered
- Whether the appellant may be granted leave to withdraw pending criminal appeals and be given liberty to file a fresh appeal before the Sessions Court
Subjects
- withdrawal of appeal
- criminal appellate jurisdiction
- procedural law
- liberty to file fresh appeal
- delay consideration
Judgment
136-APEAL-57-2015 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 57 OF 2015
WITH
CRIMINAL APPEAL NO. 515 OF 2015
WITH
CRIMINAL APPEAL NO. 487 OF 2015
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.02.03
KILAJE 15:19:54
+0700 Shilpa Stock Broker Pvt Ltd. ….Appellant
Versus
Rohidas Manohar Jadhav And Anr. …..Respondents
_________________________________________________________________
Mr. M.D.Mali, Advocate for the Appellant.
Mrs. Mahalaxmi Ganpathi, APP for the 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 all the appeals 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,
all the appeals are allowed to be withdrawn with aforesaid liberty.
4. Appeals are dismissed and disposed of as withdrawn.
1 (2005) SC 2099.
Page 1 of 2
136-APEAL-57-2015 (CR).doc
S.S.Kilaje
5. Learned Sessions Court shall consider the delay, if appeals are
filed, as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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