Bombay High Court
RAMESH THAKARCHAND PUNAMIYAversusMANISH SUBHASH KACHHARA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal may be withdrawn with liberty to re‑file before the Sessions Court.
Summary
The appellant, Ramesh Thakarchand Punamiya, filed a criminal appeal before the Bombay High Court against Manish Subhash Kachhara and others. During the hearing, counsel for the appellant requested permission to withdraw the appeal and obtain liberty to re‑file it before the Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The Court considered the submission and, applying the precedent, allowed the withdrawal of the appeal with the specified liberty. The appeal was consequently disposed of. The Sessions Court was directed to consider any delay if the appellant later files a fresh appeal, as the matter had been pending before the High Court.
Issues considered
- Whether a criminal appeal pending before a High Court can be withdrawn with liberty to re‑file before a Sessions Court in accordance with Supreme Court precedent.
Subjects
- appeal withdrawal
- criminal procedure
- re‑filing of appeal
- high court jurisdiction
- precedent application
Judgment
114-APEAL-91-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 91 OF 2025
Ramesh Thakarchand Punamiya
Versus
Manish Subhash Kachhara and anr.
_________________________________________________________________
Ms. Pragati Patil i/b. Mr. O. V. Hingorani, Advocate for Appellant.
Ms. Mahalaxmi Ganapathy, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 6th FEBRUARY, 2026.
P.C. :
1. Heard learned counsel for the appellant.
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appeal is allowed to be withdrawn with aforesaid liberty and disposed of.
5. Learned Sessions Court shall consider the delay, if appeal is
filed, as appeal was pending before this Court.
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.02.09
18:33:17 (SHIVKUMAR DIGE, J.)
+0530
1 (2005) SC 2099.
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