Bombay High Court

JYOTI JAYPRAKASH PATILversusBALASO TUKARAM AITWADE AND ANR

Disposal: Disposed Off

Holding

An appeal pending before the High Court may be withdrawn with liberty to re‑file before the Sessions Court, as per the Supreme Court precedent.

Summary

The appellant, Jyoti Jayprakash Patil, sought to withdraw Criminal Appeal No. 949 of 2009, invoking the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) which permits such withdrawal with liberty to re‑file before a Sessions Court. The learned counsel for the appellant submitted this request, and the Court accepted the statement. Consequently, the High Court disposed of the appeal as withdrawn, granting the appellant liberty to file the same matter before the Sessions Court. No substantive merits of the original criminal charges were addressed. The order was pronounced by Justice Abhay J. Mantri on 11 September 2026.

Issues considered

What is the scope of the Supreme Court’s ruling in Celestium Financial v. A. Gnanasekaran regarding withdrawal of an appeal?
Whether a criminal appeal pending before the High Court can be withdrawn with liberty to re‑file before a Sessions Court.

Subjects

withdrawal of appeal
criminal procedure
liberty to refile
appellate jurisdiction
Supreme Court precedent

Judgment

                                                                                  901-APEAL-949-2009 (CR).odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                     CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPEAL NO. 949 OF 2009

                      Jyoti Jayprakash Patil                                   ..… Appellant

                                VERSUS

                      Balaso Tukaram Aitwade & Anr                             ..… Respondents

                                                        ...
                      Mr. Rahul Kasbekar a/w Mr. Amol A. Kanaki, Advocates for Appellant.

                      Mr. Pankaj P. Deokar, APP for Respondent No. 2-State.
                                                          ...

                                                       CORAM : ABHAY J. MANTRI, J.
                                                       DATE  : SEPTEMBER 11, 2026
                      PER COURT :

                      1.           Learned Advocate for the Appellant, on instructions, submitted

                      that, in view of the law laid down by the Hon'ble Supreme Court in Celestium

                      Financial vs. A. Gnanasekaran & Ors., [2025 SCC OnLine SC 1320], the

                      Appellant seeks leave to withdraw the present Appeal with liberty to file the

                      same before the learned Sessions Court. His statement is accepted.

                      2.           In view of the above statement, the Appeal is disposed of as

                      withdrawn with liberty as prayed for.


TALLE
SHUBHAM
ASHOKRAO
Digitally signed by
TALLE SHUBHAM
                                                                        (ABHAY J. MANTRI, J.)
ASHOKRAO
Date: 2026.09.11
17:47:56 +0530



                      Shubham                                                                     Page 1 of 1

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