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Bombay High CourtAPPLN/730/2015disposed off

Dr. Shaikh Abdul Hafiz And ANR v. The State Of Maharashtra

2016-10-14Hon'Ble Shri Justice V.K. Jadhav2 pages

1 Cri. Appln. 730/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 730 OF 2015 Dr. Shaikh Abdul Hafiz and anr.

.. Applicants Vs.

The State of Maharashtra .. Respondent ---- Mr. N.V. Gaware, Advocate for the applicants Mrs. R.P. Gour, APP for the respondent/State ---- CORAM : V.K. JADHAV, J.

DATE : 14/10/2016 ORAL ORDER :

Heard.

2.

Learned counsel for the applicants, on instructions, seeks leave to withdraw the Criminal Application.

3.

Learned counsel for the applicants submits that learned Additional Sessions Judge-5, Aurangabad while deciding Application - Exhibit 6, has made certain observations. Learned counsel for the applicants therefore submits that the applicants apprehend that the said observations may come in their way during the course of the trial.

2 Cri. Appln. 730/2015 4.

It is needless to state that the observations made while deciding application - exhibit 6 for discharge, are prima facie in nature and un-influenced by the said observations, the learned Additional Sessions Judge is required to decide the Sessions Case on its own merits.

5.

In the light of the above observations, leave granted.

6.

Criminal Application is disposed of as withdrawn.

[V.K. JADHAV] JUDGE arp/