Bombay High Court

PRASHANT PRAVEEN JAINversusM/S. PACIFIC INFOTECH PVT. LTD. AND ORS.

Decided: 4 March 2026
Disposal: Disposed off as Withdrawn
Bench: R N LADDHA

Holding

The appeal is permitted to be withdrawn with liberty to file a fresh appeal before the Sessions Court.

Summary

The appellant, Prashant Praveen Jain, filed a criminal appeal before the Bombay High Court against Pacific Infotech Pvt Ltd, its directors, and the State of Maharashtra. The appellant sought permission to withdraw the appeal and instead file a fresh appeal before the Sessions Court, relying on the Supreme Court decision in Celestium Financial v. A Gnanasekaran (2025). The High Court considered the request and the precedent, and allowed the withdrawal with liberty to re‑file within eight weeks, directing that the period during which the appeal was pending be excluded for limitation purposes. The Court also directed the return of a certified copy of the judgment for filing the new appeal. Consequently, the appeal was disposed of, pending re‑filing in the Sessions Court.

Issues considered

Whether a criminal appeal pending before the High Court can be withdrawn with liberty to re‑file before a Sessions Court.
Whether the Supreme Court’s ruling in Celestium Financial v. A Gnanasekaran governs the withdrawal and limitation aspects of the appeal.

Subjects

appeal withdrawal
limitation period
criminal procedure
re‑filing
Supreme Court precedent

Judgment

Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.03.04
15:22:44
+0530

Chitra Sonawane 10-A-722-2007.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No.722 of 2007

Prashant Praveen Jain
Age: 25 yrs, Occ: Business,
Add” Godown No.4, Bharat bldg,
Opp Mafco Vegetable market
Sector 18, Sanpada, Navi Mumbai. …. Appellant.
Vs.
1. M/s Pacific Infotech Pvt Ltd
Add : B-10, Abbas Bldg, first floor,
Jalbahi Street, Grant Road East,
Mumbai-400 004.

2. Ashok Jeswani
Director of M/s Pacific Infotech
Pvt Ltd.
Age : Adult, Occ: Business,

3. Kishore Jeswani
Director of M/s Pacific Infotech
Pvt Ltd.
Age : Adult, Occ: Business,

4. Sonu Jeswani
Director of M/s Pacific Infotech
Pvt Ltd.
Age : Adult, Occ: Business,
All Respondents No.2 to 4 are
having Add: B-10, Abbas Bldg,
first floor, Jalbahi Street, Grant
Page No. 1 of 3
____________________________________________

4 March 2026
Chitra Sonawane 10-A-722-2007.doc

Road East, Mumbai-400 004.

5. State of Maharashtra … Respondents.
---
Mr Gajendra Jadhav for the appellant.
Ms MR Tidke, APP for the respondent / State.
Ms Sonali Bidwe i/by Mr Datta Mane for respondents No.1
to 4.
---
Coram : R.N.Laddha, J.
Date : 4 March 2026.

P.C. :

The learned Counsel for the appellant, on instructions,
seeks leave to withdraw the present appeal with liberty to
file an appeal before the learned Sessions Court, in light of
the judgment of the Hon'ble Apex Court in the case of
Celestium Financial vs A Gnanasekaran, 2025 SCC OnLine
1320.

2. In view of the aforesaid submission, the appeal is
permitted to be withdrawn with the said liberty and is
accordingly disposed of.

3. In the event such an appeal is filed before the Sessions
Court, the issue of limitation shall be considered keeping in
view that the present appeal was pending before this Court.
Page No. 2 of 3
____________________________________________

4 March 2026
Chitra Sonawane 10-A-722-2007.doc

Any such appeal shall be filed within a period of eight
weeks from today. The appellant shall be entitled to seek
exclusion of the period during which the present appeal
remained pending before this Court, for the purpose of
condonation of delay before the learned Sessions Court.
The learned Sessions Court shall consider the question of
delay in that context. The learned Counsel for the appellant
is permitted to apply for the return of a certified copy of the
impugned judgment and order for the purpose of filing the
appeal before the Sessions Court, upon producing a
photocopy thereof. The Registry shall verify the photocopy
and, upon due verification, return the certified copy to the
learned Counsel for the appellant.

[R. N. Laddha, J.]

Page No. 3 of 3
____________________________________________

4 March 2026

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