Saheb Eknathrao Desai v. The State Of Maharashtra

CAJ 16-Wp-2264-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2264 OF 2023 Saheb Eknathrao Desai ... Petitioner V/s.

The State Of Maharashtra ... Respondent Mr. Laxmikant Shrimangale for Petitioner.

Mrs. G. P. Mulekar, APP for Respondent-State. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 10th JULY, 2023.

P.C. :

1.

After hearing learned Advocate for Petitioner at length and after perusing original record of investigation, when we are satisfied that, a strong prima facie case against Petitioner is made out, learned Advocate for Petitioner on instructions seeks leave to withdraw present Petition unconditionally.

2.

It is to be noted here that, despite pointing out to Advocate for Petitioner, the settled position of law, as has been enunciated by the Hon'ble Supreme Court in the case of State of Chattisgarh And Anr. Vs. Aman Kumar And Ors., reported in (2023) SCC Online SC 198 and our disinclination to grant relief, he continued to argue for a substantial period, consuming valuable time of Court. We therefore expressed our displeasure and were inclined to pass Order on merits. The learned Advocate therefore 1/2

CAJ 16-Wp-2264-2023.odt on instructions submitted that, the Petitioner will pay a cots of Rs.20,000/- to Kirtikar Law Library, High Court, Mumbai within a period of two weeks from today. The said statement is accepted as an undertaking given to this Court.

3.

List the Petition on 1st August, 2023 under caption 'for reporting compliance' of present Order.

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) Digitally signed by CHAITANYA ASHOK JADHAV Date:

2023.07.18 17:13:56 +0530 CHAITANYA ASHOK JADHAV 2/2