Criminal Application dismissed as withdrawn. High Court allowed withdrawal with liberty to file a fresh application for discharge, expressly noting the liberty would be invalid if charges were already framed.
Applications dismissed as withdrawn; liberty to file fresh application for discharge granted.
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3144.16appln
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
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CRIMINAL APPLICATION NO. 3144 OF 2016 WITH APPLN/4904/2016 IN APPLN/3144/2016 WITH APPLN/4905/2016 IN APPLN/3144/2016
VISHWAJEET @ ATUL S/O AHRIMANTRAO SHINDE
AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA ANR
Advocate for applicant/petitioner:Mr.R.A. Jaiswal
APP for Respondent/State : Mr.A.R. Borulkar
CORAM: S.S.SHINDE & V.K. JADHAV, JJ. Dated: October 01, 2016
The learned counsel appearing for the
applicant,oninstructions,seeks
permission to withdraw the applications
with liberty to take out the appropriate
application for discharge before the
concerned Court.
2.The applications are dismissed as
withdrawn with liberty as prayed for.
3144.16appln 2
However, we make it clear that the
liberty granted today to the applicant
will not be available, in case, the
charge is already framed by the concerned
Court.
sga/
2 issues framed by the court
Whether the applicant is entitled to withdraw the criminal application with liberty to file a fresh application for discharge.
Whether the liberty to apply for discharge after withdrawal is subject to the condition of charges being framed.
Vishwajeet @ Atul S/O Ahirimantrao Shinde And Others
The State of Maharashtra Anr
S.S. Shinde
V.K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court