Bombay High Court
BHARAT LAXMAN DHEMBREversusCHHAGAN BABAN KALE AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal is allowed to be withdrawn and is dismissed as withdrawn.
Summary
In Criminal Appeal No. 564 of 2016, the appellant Bharat Laxman Dhembre sought permission to withdraw the appeal and re‑file it before the Sessions Court, relying on a precedent of the Supreme Court. The learned counsel for the appellant submitted a request for leave to withdraw, citing Celestium Financial v. Ghanasekaran (2005) SC 2099. The Court considered the submission and granted liberty to withdraw the appeal. Consequently, the appeal was dismissed and recorded as withdrawn. The Court directed the Sessions Court to consider any delay if the appeal is re‑filed, as the matter remains pending there.
Issues considered
- Whether the appellant may be permitted to withdraw the criminal appeal and re‑file it before the Sessions Court
Subjects
- withdrawal of appeal
- criminal appellate jurisdiction
- procedural law
- re‑filing before Sessions Court
Judgment
56-APEAL-564-2016.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.564 OF 2016
Bharat Laxman Dhembre … Appellant
Versus
Digitally signed
NILAM by NILAM
SANTOSH
Shri.Chhagan Baban Kale & Anr. … Respondents
SANTOSH KAMBLE
KAMBLE Date: 2026.01.09
11:27:23 +0530 ________________________________________________________
Mr.R.S. Kate, for the Appellants.
Ms.R.D. Humane, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th JANUARY, 2026
P.C. :
. Heard learned counsel for Applicant and learned APP for the
Respondent No.2-State.
2. Learned counsel for Applicant on instructions seeks leave to
withdraw this appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case
Celestium Financial Vs. Ghanasekaran Etc. (2005) SC 2099.
3. Considering the submission of learned counsel for Appellant,
Appeal is allowed to be withdrawn with aforesaid liberty.
Page 1 of 2
56-APEAL-564-2016.doc
N.S.Kamble
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 Appeal is dismissed and disposed of as withdrawn.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.)
Page 2 of 2
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