Ateek Ismain Shaikh v. The State Of Maharashtra

34. BA 2561-2021.doc by RUPALI RAJESH WAKODIKAR Date:

2021.09.27 12:22:32 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2561 OF 2021 Ateek Ismain Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Satyam Nimbalkar for the Applicant.

Ms. P.P. Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 23 rd SEPTEMBER, 2021 P.C. :

1.

Pursuant to the order dated 26th August, 2021 passed by this Court, learned APP sought clarification of the order dated 17th July, 2021, whereby investigation in the present C.R. was stayed. Vide order dated 1st September, 2021, the Division Bench of this Court has clarified that the interim relief should continue only qua the applicant - petitioner - Ajay Anil Shinde / petitioners before the Division Bench. In view of the aforesaid, there is no impediment for taking the aforesaid application for hearing.

Wakodikar 1/2

34. BA 2561-2021.doc 2.

Learned APP states that during the pendency of this application, chargesheet has been filed as against the applicant on 2nd September, 2021.

3.

In view of the statement made by the learned APP, learned Counsel for the applicant seeks leave to withdraw the application with liberty to file a fresh application before the Trial Court seeking bail, after filing of the chargesheet.

4.

The application is accordingly disposed of as withdrawn. 5.

It is made clear that if an application is filed after filing of the charge-sheet, the same shall be decided by the learned Judge, on its own merits, uninfluenced by the withdrawal of this application. 6.

It is made clear that this application has not been heard on merits.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

Wakodikar 2/2