56-APEAL-564-2016.doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.564 OF 2016 Bharat Laxman Dhembre … Appellant Versus Shri.Chhagan Baban Kale & Anr. … Respondents ________________________________________________________ Mr.R.S. Kate, for the Appellants. Ms.R.D. Humane, APP for Respondent-State. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 8th JANUARY, 2026 P.C. : . 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 Celestium Financial Vs. Ghanasekaran Etc. (2005) SC 2099. 3. Considering the submission of learned counsel for Appellant, Appeal is allowed to be withdrawn with aforesaid liberty. p. 2 NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.01.09 11:27:23 +0530 56-APEAL-564-2016.doc N.S.Kamble 4. Appeal is dismissed and disposed of as withdrawn. 5. Learned Sessions Court shall consider the delay, if appeal is filed as application was pending before this Court. (SHIVKUMAR DIGE, J.)