Bombay High Court

AMIT SUDAM GUJARversusSTATE OF MAHARASHTRA AND ANR

Decided: 21 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court granted leave to withdraw the appeal and allowed the appellant liberty to file a fresh appeal after six months if the trial is not concluded.

Summary

The appellant, Amit Sudam Gujar, filed a criminal appeal seeking to withdraw the appeal and requested liberty to file a fresh appeal after six months if the trial remained pending. The appellant's senior counsel moved before the Bombay High Court for permission to withdraw. The central issue was whether the court could grant leave to withdraw the appeal with a conditional liberty to re‑file later. The court, after considering the request, granted the leave to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn, with the liberty sought by the appellant duly accorded.

Issues considered

Whether the High Court may grant leave to withdraw a criminal appeal with liberty to file a fresh appeal after a specified period.

Subjects

appeal withdrawal
criminal procedure
leave of court
high court jurisdiction
fresh appeal

Judgment

                                    1            27-APEAL 769-26.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPEAL NO.769 OF 2026

Amit Sudam Gujar                                     … Appellant
     Vs.
State of Maharashtra & Anr.                          … Respondents
                               -----
Mr. Sudeep Pasbola, Sr. Advocate a/w. Mr. Naagesh Khedkar and
Mr. Amar Gujar i/by. Mr. Rohan Hogle for the Appellant.
Mr. Yogesh Dabake, APP for the Respondent/State.
Mr. Anshuman R. Asare i/by. Mr. Mayur Dodake, Mr. Ankur
Pahade, Mr. Salman Pathan, Ms Kirti Ahuja, Mr. Sahil Katare and
Adv. Nauman Pathan for Respondent No.2.
PSI Chetan Dhanavade, Uttamnagar Police Station is present.
                               -----

                                   CORAM : N.R. BORKAR, J.
                                   DATE  : 21.09.2026
P.C. :


1.        The   learned   Senior    Advocate   for    the    appellant,    on
instructions, seeks leave to withdraw the present appeal with
liberty to file a fresh appeal after six months, if the trial is not
concluded by that time.


2.        Leave granted. The Appeal is disposed of as withdrawn
with liberty as sought.


                                           (N.R. BORKAR, J.)




     Dinesh                                                               1 of 1

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