144-APEAL-168-2017.doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 168 OF 2017 Ramchandra Narayan Erande Versus Sanjay Prabhakar Deshpande and anr. _________________________________________________________________ Mr. Chandana Salgavkar, Advocate for the Applicant. Mr. M.G. Patil, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 4th MARCH, 2026. P.C. : . Heard learned counsel for the appellant and learned APP. 2. Learned counsel for the applicant submits that this judgment is referred to the larger bench. 3. This court in other similar matters permitted the appellant to withdraw the appeal, hence, the appellant is permitted to withdraw the appeal with liberty to file appeal before the learned Sessions Court as per the view of the Hon’ble Apex Court in the case of Celestium Financial Vs. A. Gnanasekaran & Etc.1 4. Learned Sessions Court shall consider the delay, if appeal is filed, as the appeal was pending before this Court. 5. Learned advocate for the applicant is permitted to take back certified copy of the impugned order for filing the appeal in the Sessions Court. On submitting a photocopy of the impugned order, Registry shall verify the photocopy and return the certified copy to the learned advocate for the applicant. (SHIVKUMAR DIGE, J.) 1(2005) SC 2099.