Rashesh Mukesh Shah v. The State Of Maharashtra

1.ba456.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 456 OF 2016 Rashesh Mukesh Shah.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Shreyansh R. Mithare, advocate for Applicant. Ms. Veera Shinde, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV, J DATE : MARCH 22, 2017 P.C.:

The learned APP submits upon instructions that in the present case trial has commenced and substantive evidence of two witnesses is recorded. In view of this, it would not be appropriate to consider application under section 439 of the Code of Criminal Procedure, 1973 at this stage.

Talwalkar 1/2

1.ba456.16.sxw In these circumstances, learned Counsel for the applicant upon instructions seeks liberty to withdraw the application. Liberty as prayed for is granted.

The Kalyan Magistrate Court seized with the R.C.C. No. 232 of 2015 is requested to expedite trial as far as possible and ensure that the accused are produced before the Court on each and every stipulated date. Upon failure, the trial Court to take appropriate action.

The application stands dismissed as withdrawn and disposed of accordingly.

Office to communicate this order to the concerned Court. (SMT. SADHANA S. JADHAV, J) Talwalkar 2/2