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Bombay High Court

SAIFUDDIN HATIMBHAI LOKHANDWALAversusSURESH POOVVPPA CHOWTA AND ANR

Decided
Disposal
Disposed Off

Holding

The appeal may be withdrawn with liberty to re‑file before the Sessions Court.

Summary

The appellant, Saifuddin Hatimbhai Lokhandwala, sought leave to withdraw his criminal appeal and re‑file it before the Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. Ghanasekaran. The learned counsel for the appellant submitted the request, and the court considered the submission. The bench allowed the withdrawal of the appeal, granting liberty to file a fresh appeal before the Sessions Court. Consequently, the appeal was dismissed and recorded as withdrawn. The Sessions Court was directed to consider any delay if the new appeal is filed.

Issues considered

  • Whether the appellant may be permitted to withdraw the criminal appeal and re‑file it before the Sessions Court in view of the precedent set by Celestium Financial v. Ghanasekaran?

Subjects

  • appeal withdrawal
  • criminal procedure
  • sessions court
  • precedent

Judgment

                                                                                           52-APEAL-740-2015.doc



                               N.S.Kamble


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                                    CR. APPEAL NO. 740 OF 2015


                               Saifuddin Hatimbhai Lokhandwala                          … Appellant
                                     Versus
            Digitally signed
NILAM   by NILAM
        SANTOSH
                               Suresh Poovvppa Chowta And Anr                           … Respondents
SANTOSH KAMBLE
KAMBLE Date: 2026.01.09
        11:27:18 +0530         ________________________________________________________
                               Mr.Chetan Akerkar, for the Appellant.
                               Mr.Jagdish S. Hegde, for Respondent No.1.
                               Mr.Arfan Sait, APP for Respondent No.2-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.1


                               1 (2005) SC 2099.

                                                                Page 1 of 2
                                                            52-APEAL-740-2015.doc



N.S.Kamble


3.           Considering the submission of learned counsel for Appellant,

Appeal is allowed to be withdrawn with aforesaid liberty.

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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