Sheetal Tukaram Surve v. The State Of Maharashtra And ORS.

1/2 16-WP-1067-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1067 OF 2021 Sheetal Tukaram Surve

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

...

Mr. A.A. Siddique i/by. A.A. Siddique & Associates for Petitioner. Mr. K.V. Saste, APP for State.

...

CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.

DATE : 1st JULY, 2021.

P.C.:

1.

Learned counsel appearing for the petitioner on instructions submits that the Trial Court has not yet framed the charge. On instructions he seeks permission to withdraw the petition with liberty to file an application for discharge before the concerned Court. Leave granted. The petition is disposed of as withdrawn with liberty as prayed for.

2.

We make it clear that, in case the charge is already framed, in that case liberty granted to file application for discharge will not be available.

Bhagyawant Punde

2/2 16-WP-1067-2021.doc 3.

In case of filing application for discharge by the petitioner, the concerned Court to decide the same as expeditiously as possible, however, within eight weeks from filing of such application.

( N. J. JAMADAR, J.) (S. S. SHINDE, J.) Bhagyawant Punde