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Bombay High CourtBA/1958/2023allowed to be withdrawn

Saddam Laltu Shaikh v. State Of Maharashtra And ANR.

2024-01-19Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2024.01.22 18:23:09 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1958 OF 2023 Saddam Laltu Shaikh ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents Mr. Shehzad Naqvi a/w Mr. Faiz Ahmed i/b Ms. Sana Samad for the Applicant Mr. R. M. Pethe, A.P.P for the Respondent No.1-State None for the Respondent No. 2 CORAM : REVATI MOHITE DERE , J.

FRIDAY, 19 th JANUARY 2024 P.C :

This is the 4th bail application preferred by the applicant.

The first bail application i.e. Criminal Bail Application No. 2139/2019 was rejected on merits vide order dated 28th August 2019; the second bail application i.e. Criminal Bail Application No. 52/2020 also was rejected on merits vide 1/3

order dated 30th January 2020; the third application for bail i.e. Criminal Bail Application No. 396/2021 was withdrawn, as the Court was not inclined to enlarge the applicant on bail. Accordingly, the said application was dismissed as withdrawn. The same is recorded in the order dated 18th March 2021. Learned A.P.P submits that only three witnesses have remained to be examined.

In view of the aforesaid statement made by the learned A.P.P, learned counsel for the applicant does not press this application and as such, seeks leave to withdraw the same. The application is accordingly dismissed as withdrawn.

Since only three witnesses have remained to be examined, it is expected that the learned trial Judge will complete 2/3

the recording of evidence of those witnesses and conclude the trial, as expeditiously as possible and in any event, within four months from the date of receipt of this order. At this stage, learned counsel for the applicant states that the applicant had a fall and has sustained a head injury. If an application on medical grounds is made before the trial Court, the trial Court to decide the same on its own merits. It is made clear that this Court has not gone into the said aspect and as such, all contentions of all parties are kept open.

The application is disposed of on the aforesaid terms. REVATI MOHITE DERE, J.

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