Shoeb Salauddin Thakur v. The State Of Maharashtra

CAJ 80-Ia-667-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 667 OF 2021 IN CRIMINAL WRIT PETITION NO. 1899 OF 2019 Shoeb Salauddin Thakur ... Applicant V/s.

The State Of Maharashtra And Anr.

... Respondents Mr. Aabad Ponda, Senior Counsel a/w Mr. Bhomesh Bellan for Applicant. Dr. Abhinav Chandrachud, Special PP a/w Mr. Saurish Shetye a/w Mrs. G. P. Mulekar, APP for Respondent No.1-State.

Mr. Vinod Sangvikar a/w Mr. Yogesh Morbale for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 15th JUNE, 2023.

P.C. :

1.

Admittedly, after completion of investigation of present crime i.e. C.R. No. 237 of 2019 registered with Bandra Police Station, Mumbai, police have submitted charge-sheet before the trial Court. In view thereof, Applicant is having alternate remedy by way of filing an Application for discharge.

2.

Mr. Ponda, learned senior counsel appearing for Applicant therefore seeks leave to withdraw present Application with liberty to file an Application for discharge under Section 227 of the Cr.P.C., before the trial Court.

Leave and liberty granted.

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CAJ 80-Ia-667-2021.odt 3.

Record indicates that, by an Order dated 16th June, 2020 the Applicant was granted protection from arrest by this Court. The said Order subsequently continued from time to time and is in force till today. 4.

In view of the deliberation which took place on earlier occasion i.e. on 8th June, 2023, Dr. Chandrachud, learned Special PP appearing for State on instructions submitted that, as the Police have submitted chargesheet in the case, the custodial interrogation of the Applicant is not necessary and interim relief may be confirmed. 5.

In view of the above, interim relief granted by Order dated 16th June, 2020 is confirmed.

6.

Application is disposed off as withdrawn with aforesaid liberty. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2