Swapnil S/O Santosh Maniyar v. The State Of Maharashtra

Cri.Applno.45/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.45 OF 2016 Swapnil s/o Santosh Maniyar ..Applicant

Versus

State of Maharashtra ..Respondent Mr S.G. Ladda, Advocate for applicant Mr S.P. Sonpawale, A.P.P. for respondent Mr S.S. Thombre, Special Counsel for State Mr A.K. Bhosale, Advocate for complainant, assisting the A.P.P. CORAM : N.W. SAMBRE, J.

DATE : 15th February 2016 PER COURT 1.

As this Court is not inclined to grant bail, learned Counsel for the applicant, upon instructions, makes a motion for withdrawal of present application.

2.

Criminal Application stands dismissed as withdrawn. 3.

There is joint request including the prosecution that trial in the matter be expedited.

4.

Looking to the age of the accused and the fact that investigation in the matter is complete and charge-sheet is already filed, it will be appropriate to expedite the trial. As such, trial is expedited.

( N.W. SAMBRE, J.) Later on :

6.

Learned Counsel for the applicant submits that he is instructed by his client to opt for order on merit of the matter, which request is

Cri.Applno.45/2016 opposed by learned Special P.P. for State in the wake of above background.

7.

Earlier, this Court has given an option to the applicant as to whether the applicant intend to suffer an order of rejection of application, thereafter, learned Counsel for the applicant made a request for withdrawal of present application. In my opinion, since the present request is objected by learned Special P.P. Mr Thombre, it will be inappropriate to reconsider the same and pass order on merit. As such, the request is rejected.

( N.W. SAMBRE, J.) vvr