Bombay High Court
GORAKH BABANRAO DHUMALversusHANUMANT ANKUSH TAKALKAR AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- R N LADDHA
Holding
The appeal may be withdrawn with liberty to file a fresh appeal before the Sessions Court within eight weeks.
Summary
The appellant, Gorakh Babanrao Dhumal, sought permission to withdraw his criminal appeal (Criminal Appeal No.817 of 2006) before the Bombay High Court and to file a fresh appeal before the Sessions Court, relying on a recent Supreme Court decision in Celestium Financial vs A Gnanasekaran. The learned counsel argued that the higher court's judgment allowed such withdrawal and re‑filing. The High Court considered whether the appeal could be withdrawn and the procedural limitation for a new filing. It held that the appeal could indeed be withdrawn, granting the appellant liberty to file a new appeal before the Sessions Court, subject to an eight‑week deadline. The court also directed the registry to provide a certified copy of the impugned judgment for the purpose of the new filing.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn and a fresh appeal filed before the Sessions Court.
- Whether the limitation period for filing the fresh appeal is governed by the pendency of the original appeal.
Subjects
- appeal withdrawal
- limitation period
- criminal procedure
- appellate jurisdiction
- re‑filing of appeal
Judgment
SMITA Digitally signed by SMITA
JOHNSON GONSALVES
JOHNSON Date: 2026.03.23 23:32:44
GONSALVES +0530
sg 7.apeal817-06.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.817 of 2006
Gorakh Babanrao Dhumal
Age about 28 years, Occupation:
Agriculturist and Business
Residing at Pimple Dhumal,
Taluka Shirur, Dist: Pune … Appellant
versus
1. Hanumant Ankush Takalkar
Age 30 years, Occupation:
Agriculturist, Residing at:
Sone Sanghvi,Taluka Shirur,
Dist: Pune
2. The State of Maharashtra
(Copy to be served upon the
Public Prosecutor, High Court,
Bombay) … Respondents
----
Ms Mrunmayi Khambete, i/b. Mr Vilas B Tapkir, for the
appellant.
None for respondent No.1.
Ms MR Tidke, APP, for respondent No.2/ State.
----
Coram: R.N. Laddha, J.
Date: 18 March 2026.
P.C.:
. The learned Counsel for the appellant, on instructions,
Page 1 of 2
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18 March 2026
sg 7.apeal817-06.docx
seeks leave to withdraw the present appeal with liberty to file
an appeal before the learned Sessions Court, in view 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 above submissions made, the appeal is
permitted to be withdrawn with the aforesaid liberty and stands
disposed of accordingly.
3. In the event such appeal is filed, the learned Sessions
Court shall consider the question of limitation, bearing in mind
that the present appeal was pending before this Court. Any
such appeal shall be filed within a period of eight weeks from
today. The learned Counsel for the appellant is permitted to
apply for return of a certified copy of the impugned judgment
and order for the purpose of filing the appeal before the
Sessions Court, upon submitting a photocopy thereof. The
Registry shall verify the photocopy and, upon such verification,
return the certified copy to the learned Counsel for the
appellant.
(R.N. Laddha, J.)
Page 2 of 2
__________________________________________________
18 March 2026
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