Bombay High Court
DENIS JOSEPH ALMEIDA @ ALMEIRAversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The application is disposed of as withdrawn; no liberty is required to approach the Supreme Court, and the interim order shall continue for six weeks.
Summary
The applicant, Denis Joseph Almeida, filed an interim application seeking recall or review of the High Court's order dated 12 December 2024 in Criminal Appeal No. 604 of 2001. The Court noted that there is no statutory provision for a review of its own order and expressed reluctance to entertain the application. Counsel for the applicant then requested permission to withdraw the application and instead approach the Supreme Court against the said order, while also asking that the interim order dated 4 August 2025 be continued for six weeks. The Court disposed of the application as withdrawn, stating that the applicant is free to challenge the order before the Supreme Court without any special liberty being required. It also ordered that the interim order of 4 August 2025 remain in force for six weeks from the date of the order.
Issues considered
- Whether the High Court can entertain a review application for its own order in the absence of a statutory provision.
- Whether the applicant requires liberty from the Court to approach the Supreme Court against the order dated 12 December 2024.
- Whether the interim order dated 4 August 2025 can be extended for a further period of six weeks.
Subjects
- review
- recall
- interim application
- criminal appeal
- Supreme Court jurisdiction
- procedural law
Judgment
Digitally
signed by
DINESH
DINESH SADANAND
SADANAND SHERLA
SHERLA Date:
2026.08.19 26-ia-2622-25 in apeal-604-2001.odt
19:14:37
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2622 OF 2025
IN
CRIMINAL APPEAL NO. 604 OF 2001
Denis Joseph Almeida @ Almeira …Applicant
V/s.
State of Maharashtra & Anr. ...Respondents.
…………..
Ms Sangeet Salvi a/w. Ms Pooja Chettiar, Ms Sangita Kalsekar for
the Applicant.
Mr. P.H. Gaikwad, APP for the Respondent/State.
Mr. Saurabh Butala a/w. Ms Harshada Shrikhande i/by. Adv.
Meghashyam Kocharekar for Respondent No.2.
…………..
CORAM : N.R. BORKAR, J.
DATE : 19.08.2026.
P.C. :
1. By this application, the present applicant seeks recall/review
of the order passed by this Court dated 12 th December 2024 in
Criminal Appeal No. 604 of 2001.
2. In absence of any provision for review, when I showed
disinclination to entertain the present application, learned counsel
for the applicant, on instructions, seeks leave to withdraw the
present application with liberty to approach the Hon’ble Supreme
Court against the order passed by this Court dated 12 th December
2024 in Criminal Appeal No. 604 of 2001. It is further submitted
that the interim order passed by this Court dated 4 th August 2025
may be continued for a period of six weeks.
Dinesh S. Sherla 1/2
26-ia-2622-25 in apeal-604-2001.odt
3. The Application is disposed of as withdrawn. The applicant
can very well challenge the order passed by this Court dated 12 th
December 2024 in Criminal Appeal No. 604 of 2001 before the
Hon’ble Supreme Court and no liberty is required to be granted to
that effect.
4. Considering the facts and circumstances of the case, the
interim order passed by this Court dated 4th August 2025 shall
remain in operation for a period of six weeks from today.
[N.R.BORKAR, J.]
Dinesh S. Sherla 2/2
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