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Bombay High CourtIA/1582/2021disposed off

Xyz v. The State Of Madhya Pradesh And ANR

2021-06-21Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

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02-ba-1356-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1356 OF 2021 Dhananjay Kumar Shrikant Tiwari .... Applicant

Versus

The State of Madhyapradesh & Anr.

.... Respondents WITH INTERIM APPLICATION NO. 1582 OF 2021 Miss. 'XYZ'

.... Applicant.

In the matter between Dhananjay Kumar Shrikant Tiwari .... Applicant

Versus

The State of Madhyapradesh & Anr.

.... Respondents _____ Mr. Vaibhav Kulkarni for Applicant.

Smt. A. A. Takalkar, APP for State/Respondent. Ms. Amrita Mishra i/b. Ajinkya M. Udane for Intervenor. _____

CORAM

:SARANG V. KOTWAL, J.

DATE :21st JUNE, 2021 (Through Video Conferencing) P.C. :

1.

A praecipe is moved for withdrawal of this application with liberty to file a fresh application for bail. Learned counsel for the applicant submitted that, inadvertently many pages of the charge-sheet have not been annexed to this application. He intends to file a fresh application by annexing all the relevant papers. Gokhale

: 2 :

02-ba-1356-21.odt 2.

Learned counsel for the intervenor has no objection if the application is allowed to be withdrawn with liberty to the applicant to file a fresh application.

3.

The intervention application shows that there were orders passed by the Hon'ble Supreme Court on 23/07/2019 and 14/07/2020 issuing directions to the trial court to dispose of the trial within stipulated period mentioned in the orders.

4.

It is made clear that withdrawal of this application shall not come in the way of conduct of the trial in any manner. Learned Trial Judge shall follow the directions of the Hon'ble Supreme court as it is his duty.

5.

With these observations the application is allowed to be withdrawn with liberty to the applicant to file a fresh application for his release on bail, in this court only. This withdrawal and liberty shall not be construed as a liberty to file a fresh application for bail in the trial court.

6.

The bail application is disposed of accordingly. In view of disposal of bail application, intervention application does not survive and it is also disposed of accordingly.

(SARANG V. KOTWAL, J.)