Ashwatha Developers Through Its Partner Mr. Jignesh Kulin Gala v. The State Of Maharashtra And ANR.

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2023.11.01 19:15:03 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 165 OF 2023 Ashwatha Developers through its partner Jignesh Kulin Gala ...Appellant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Sandeep R. Karnik a/w Mr. Rohan Bhosale for the Appellant Ms. P. P. Shinde, A.P.P for the Respondent No.1-State Mr. Hiten S. Venegavkar a/w Ms. Priya Dube for the Respondent No. 2 CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

TUESDAY, 31 st OCTOBER 2023 P.C :

Learned counsel for the appellant seeks leave to withdraw the aforesaid appeal. He submits that during the pendency of the aforesaid appeal, the State Government has issued Notification dated 25th September 2023, by which the 1/3

properties of the appellant came to be notified and bank accounts came to be attached. He submits that in view of the subsequent developments, he be permitted to withdraw the aforesaid appeal, with liberty to file a fresh application before the trial Court for having the said properties as well as the bank accounts released, having regard to the Notification.

Mr. Venegavkar states that he has no objection if the appeal is allowed to be withdrawn, in view of the subsequent development i.e. issuance of notification.

Accordingly, the appeal is disposed of as withdrawn. It is made clear that we have not gone into the merits of the appeal and as such all contentions of all parties are kept open.

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In the event, a fresh application is filed by the appellant challenging the attachment of the property/accounts of the appellant before the trial Court. The learned Judge to decide the said application as expeditiously as possible and preferably within eight weeks from the date of filing of the application. Appeal is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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