901-ALP-41-2022 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 41 OF 2022 Abhaykumar Jaypal Zinge ...Applicant Versus Swapnil Subhash Petkar And ...Respondents anr Mr. Nikhil Pawar Advocate for the Applicant Mr. S. H. Yadav, APP for the State CORAM : SHIVKUMAR DIGE, J. DATE : 4th NOVEMBER, 2025. P.C. 1. Heard learned counsel for Applicant and learned APP for the Respondent No.2-State. 2. Learned counsel for Applicant on instructions seeks leave to withdraw this 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. Ghanasekaran Etc1. 3. Considering the submission of learned counsel for Applicant, Application is allowed to be withdrawn with aforesaid liberty. 4. Application is dismissed and disposed off as withdrawn. 5. Learned Sessions Court shall consider the delay if appeal is filed, as application was pending before this Court. (SHIVKUMAR DIGE, J.) 1 2005 SC 2099 Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.11.07 10:06:13 +0530