Ashok Ghevarchand Jain v. Harsh Ashok Jain

Neeta Sawant 16-ALP-229-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLN. FOR LEAVE TO FILE APPEAL NO. 229 OF 2025 Ashok Ghevarchand Jain .....Applicant : Versus :

Harish Ashok Jain & Anr.

....Respondents Mr. Kushalkumar Shukla, for the Applicant.

Mr. Kiran C. Shinde, APP for State.

CORAM : SANDEEP V. MARNE, J.

DATED : 9 OCTOBER 2025.

P.C :

1) Mr. Shukla, the learned counsel appearing for the Applicant/Appellant, on instructions, seeks leave of the Court to withdraw the Application and the Appeal with liberty to file Appeal under the Proviso to Section 372 of the Criminal Procedure Code, 1973/Section 413 of Bhartiya Nagrik Suraksha Sanhita, 2023 before the Sessions Court in view of judgment of the Apex Court in Celestium Financial Versus. A. Gnanasekaran Etc.1. 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 3) If Appeal is filed before the Sessions Court within a period of four weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

4) Respondent-Accused is restrained from withdrawing the deposited amount for a period of four weeks.

Digitally signed by NEETA SHAILESH SAWANT Date:

2025.10.09 15:17:04 +0530 NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] 2025 SCC OnLine SC 1320 _____________________________________________________________________________ PAGE NO.

1 of THURSDAY, 9 OCTOBER 2025