Wasim Nabi Ahmed Khan v. State Of Maharashtra

sjs 44-APPLN-136.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL APPLICATION NO.136 OF 2015 Wasim Nabi Ahmed Khan .... Applicant Vs.

State of Maharashtra .... Respondent Mr. R.B. Mokashi for the Applicant.

Ms A.T. Javeri, APP, for the RespondentState. CORAM: REVATI MOHITE DERE, J.

DATED: MARCH 19, 2015 P.C:

Learned counsel for the applicant seeks leave to withdraw the application in view of the objection raised by the learned APP. The learned APP states that the applicant seeks modification of the condition imposed by the Additional Sessions Judge vide order dated 13-2-2015, in particular Clause 6 of the said order. She submits that the applicant ought to have applied for modification before the same

sjs 44-APPLN-136.2015 Judge who had passed the said order. In view of the said objection, the learned counsel for the applicant seeks leave to withdraw the application with liberty to file an application seeking modification of the said condition - Clause 6, before the learned Additional Sessions Judge, Kalyan. It is made clear that this Court has not considered the merits of the application as the applicant is seeking modification of the order dated 13-2-2015, in particular Clause 6. The same shall be decided on its own merit uninfluenced by the withdrawal of this application. The application is accordingly disposed of.

(REVATI MOHITE DERE, J.)