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Bombay High CourtAPPLN/658/2021withdrawn

Devidas S/O Sukhdeo Ghate And Others v. The State Of Maharashtra And Another

2021-06-25Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 906-CRI.APPLN-658-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 658 OF 2021 Devidas Sukhdeo Ghate and others ...Applicants

Versus

The State of Maharashtra and and Anr.

...Respondents

Mr S.V. Natu, Advocate for Applicants Mr G.O. Wattamwar, A.P.P. for Respondent No. 1-State CORAM : V.K. JADHAV AND SHRIKANT D. KULKARNI, JJ.

DATE : 25th JUNE, 2021 PER COURT :

1.

We have heard the learned counsel for the applicants for some time.

2.

The learned counsel for the applicants on instructions, seeks leave to withdraw the application with the liberty to file an application for discharge. The learned counsel for the applicants has pointed out that even though this is a charge sheet of the year, 2014, precisely, in the year 2016, the application filed by respondent No. 2, for maintenance came to be rejected on the ground that she is not legally wedded wife of applicant No. 1 and her earlier marriage is subsisting. 3.

In view of the above submissions, leave granted. 4.

The application is dismissed as withdrawn with liberty to the applicants to file application for discharge before the trial court.

2 906-CRI.APPLN-658-2021 5.

We expect from the trial court to decide the application seeking discharge as early as possible, if preferred by the applicants. [ SHRIKANT D. KULKARNI, J. ] [ V.K. JADHAV, J. ] mta