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Bombay High CourtBA/1627/2015allowed to be withdrwan at final hearing stage

Arif Mohd. Rashid Hinfora @ Arif Rashid Shaikh @ Memon v. The State Of Maharashtra

2015-09-21Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1627 OF 2015 Arif Mohd. Rashid Hinfora @ Arid Rashid Shaikh @ Memon ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. R. V. Gupta for the Applicant Ms. S. S. Kaushik, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

MONDAY, 21ST SEPTEMBER, 2015 P.C. :

1.

Not on Board. Taken on Board.

2.

Learned Counsel for the applicant seeks leave to withdraw the application with liberty to file an appropriate application before the learned Metropolitan Magistrate for bail. He states that during the pendency of this application, the applicant has been discharged from the offences punishable under Sections 307 and 316 of the Indian Penal Code. He states that pursuant to the applicant's discharge under the aforesaid Sections, the case has been remanded to the Court of the learned Metropolitan Magistrate. He submits that in view of this change of circumstance, the applicant be permitted to withdraw 1/3

this application, with liberty to file an appropriate application before the learned Metropolitan Magistrate.

3.

Accordingly, the application is disposed of as withdrawn with liberty as prayed.

4.

It is made clear, that if an application is filed seeking bail, the learned Metropolitan Magistrate shall consider the same on its own merits, uninfluenced by the withdrawal of this application, in accordance with law. 5.

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

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CERTIFICATE Certified to be true and correct copy of the original signed Order. __________ 3/3