Bombay High Court

RAJGAD SAHAKARI SAKHAR KARKHANA LIMITEDversusBHAGWAN KISAN PATOLE AND ANR

Decided: 20 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The High Court may permit withdrawal of an appeal with liberty to file a fresh appeal before the Sessions Court.

Summary

The appellant, Rajgad Sahakari Sakhar Karkhana Limited, sought leave to withdraw its criminal appeal and instead file a fresh appeal before the Sessions Court, relying on a Supreme Court precedent (Celestium Financial v. A. Gnanasekaran). The learned counsel submitted the request, and the Court considered whether such withdrawal could be permitted. The Court held that, in view of the precedent, the appeal could be withdrawn with liberty to re‑file before the Sessions Court. Accordingly, the appeal was allowed to be withdrawn and the matter was disposed. The Sessions Court was directed to consider any delay if the appeal is subsequently filed, and the appellant was permitted to retrieve the certified copy of the impugned order for that purpose.

Issues considered

Whether the appellant may be granted leave to withdraw an appeal pending before the High Court and re‑file it before the Sessions Court in accordance with Supreme Court jurisprudence.

Subjects

appeal withdrawal
criminal appellate jurisdiction
procedural law
Supreme Court precedent
session court

Judgment

                                                       122-APEAL-572-2018 (CR).doc


Rohit Ghuge


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                       CRIMINAL APPEAL NO. 572 OF 2018
                 Rajgad Sahakari Sakhar Karkhana Limited
                                  versus
                      Bhagwan Kisan Patole and anr.
_________________________________________________________________
Mr. Vilas Tapkir, Advocate for Applicant.
Mr. Veerdhaval Kakade, Advocate for Respondent No.1.
Mr. P. P. Jadhav, APP for Respondent-State.
_________________________________________________________________

                                       CORAM       :     SHIVKUMAR DIGE, J.
                                       DATE        :     20th 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.

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