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Bombay High CourtIA/4360/2023allowed to be withdrawn

Murtaza @ Munna Dawal Shaikh v. State Of Maharashtra

2024-01-22Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2024.01.25 11:28:06 +0530 10-ia.4360.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4360 OF 2023 IN CRIMINAL APPEAL NO.414 OF 2016 Murtaza @Munna Dawal Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Harsh Pathak i/b Mr. Aniruddha Chandekar, for the Applicant. Ms. P. P. Shinde, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 22nd JANUARY 2024 P.C. :

1.

Learned Counsel for the applicant does not press the aforesaid interim application. He submits that the application is rendered infructuous, since vide order dated 1st December 2023 passed in Interim Application No.4233 of 2023 filed in Criminal Appeal No.414 of 2016, the applicant herein was permitted to file a separate appeal. He submits that pursuant to the said order dated 1st December 2023, the applicant has filed a separate appeal alongwith a N. S. Chitnis 1/2

10-ia.4360.2023.doc separate application for bail therein. He submits that in view of the aforesaid, the aforesaid interim application filed in the earlier Criminal Appeal being Criminal Appeal No.414 of 2016 will not survive and as such seeks leave to withdraw the same.

2.

Application is accordingly disposed of as withdrawn. MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2