Adil Wasif Khan v. The State Of Maharashtra And ANR.

P2-1-ia-2841-2022-IN-wp-1812-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2841 OF 2022 IN CRIMINAL WRIT PETITION NO. 1812 OF 2011 Adil Wasif Khan ...Applicant

IN THE MATTER BETWEEN :-

Ashraf @ Tatya Gulam Rasul Patel

...Petitioner

Versus

The State Of Maharashtra And Anr

...Respondents

....

Mr. Shadab Khopekar, Advocate for the applicant in Interim Application.

Mr. Madhav S. Kulkarni, Advocate for the Petitioner in Writ Petition. Mr. Joshi i/by Mr. V. N. Tayade, Advocate for Respondent No.2. in Writ Petition.

Mr. A. R. Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

6th SEPTEMBER, 2022.

PER COURT :

1.

Not on Board. Taken on Board.

2.

The applicant herein is the co-accused. The only grievance of the applicant is that the trial Court is not proceeding with the application for discharge preferred by the applicant on the ground that the proceedings before the trial Court are stayed by this Court while entertaining Criminal Writ Petition No.1812 of 2011. It is Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.09.07 13:55:33 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

P2-1-ia-2841-2022-IN-wp-1812-2011.doc submitted that the directions be issued to the trial Court to hear and dispose off the application for discharge preferred by the applicant.

3.

It is clarified that the interim stay granted by this Court is only qua the petitioner in Criminal Writ Petition No.1812 of 2011. The trial Court is at liberty to proceed with the application for discharge preferred by the applicant.

4.

Interim Application is disposed off accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar