Ishwarlal Anandji Gala v. Latesh Jayantilal Gada And ORS

23-APL-517-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 517 OF 2025 Ishwarlal Anandji Gala ... Applicant Vs.

Latesh Jayantilal Gada & Anr.

... Respondents **** Mr. Jugal Kanani a/w. Nikita Ghungarde and Ms. Mhendi Nakhrawi i/w. Dhiran H. Shah, Advocates for the Applicant.

Mr. Shilpa G. Talhar, APP for Respondent/State. **** CORAM :

ASHWIN D. BHOBE, J.

DATE :

12th DECEMBER, 2025.

P.C. :

1.

By the present Criminal Application, the Applicant has assailed the order dated 4th March, 2025 passed by the Additional Sessions Judge, Session Court, Borivali Division Dindoshi, Mumbai, on Exhibit-9 filed by the Applicant in Sessions Case No.351 of 2020, rejecting the Application at Exhibit-9.

2.

Mr. Jugal Kanani, learned Advocate for the Applicant, on instructions from the Applicant craves leave to withdraw the present Application with liberty to file a fresh Application before the Trial Court, in the event the Applicant is able to prove Applicant's ownership of the subject gold/ ornaments with proper and legal documents. 3.

Ms. Shilpa Talhar, learned APP does not object to the request made by the Applicant and submits that in the event the Applicant files a fresh Application with proof of Applicant's ownership of the said property, liberty as prayed for can be granted. Swapnil Jadhav

23-APL-517-2025.doc 4.

In view of the above, leave to withdraw the Criminal Application No. 517 of 2025 is granted with liberty as prayed. In the event the Applicant files any Application before the Trial Court, the same be considered on its own merits and strictly in accordance with law.

5.

Criminal Application No. 517 of 2025 is disposed of. (ASHWIN D. BHOBE, J.) Swapnil Jadhav