Prakash Vamanrao Deshmukh v. Bhagwan Vitthal Awale

2025:BHC-AS:45921 Megha 20_ia_946_25 in alpst_5122_25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.946 OF 2025 IN APPLICATION FOR LEAVE TO APPEAL (PVT) (STAMP) NO.5122 OF 2025 WITH APPLICATION FOR LEAVE TO APPEAL (PVT) (STAMP) NO.5122 OF 2025 Prakash Vamanrao Deshmukh ...Applicant V/s.

Bhagwan Vitthal Awale

...Respondent

______________ Mr. Shailesh Chavan i/b. Mr. Milind Deshmukh for the Applicant. Mr. Vinit Kulkarni, APP for Respondent-State. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 16 OCTOBER 2025.

P.C.:

1) 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 2025 SCC OnLine SC 1320 Page No.

1 of 16 October 2025

Megha 20_ia_946_25 in alpst_5122_25.docx 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 3) If Appeal is filed before the Sessions Court within a period of eight weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 18/10/2025 12:49:55 Page No.

2 of 16 October 2025