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Bombay High CourtAPPLN/5110/2015disposed off

Prakash S/O Sopanrao Kshirsagar v. The State Of Maharashtra

2015-10-23Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.Appln. No.5110/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5110 OF 2015 Prakash s/o Sopanrao Kshirsagar ...

APPLICANT

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri S.S. Choudhari, Advocate holding for Shri R.S. Patil, Advocate for applicant Shri N.T. Bhagat, A.P.P. for respondent .....

W I T H CRIMINAL APPLICATION NO.5812 OF 2015 Ganpat Dadarao Shinde ...

APPLICANT

VERSUS

Prakash Sopanrao Kshirsagar & anr.

...

RESPONDENTS .....

Shri V.A. Bagal Patil, Advocate for applicant Shri S.S. Choudhari, Advocate holding for Shri R.S. Patil, Advocate for respondent No.1 Shri N.T. Bhagat, A.P.P. for respondent No.2 .....

Cri.Appln. No.5110/2015

CORAM:

N.W. SAMBRE , J.

DATED:

23rd October, 2015.

ORAL ORDER :

1.

Criminal Application No.5812/2015 is allowed. Applicant is permitted to assist learned A.P.P. 2.

It is not in dispute that the earlier bail application of the applicant was withdrawn. Shri S.S. Choudhari, learned counsel for the applicant would urge that the present application is required to be considered on two counts, (1) that the applicant's medical ailment and (2) that the matter is already committed to the Court of Sessions.

3.

In my opinion, once after filing the charge sheet the earlier application was withdrawn by the applicant, for two grounds which have no bearing in law over the prayer made before this Court, it would be a futile exercise for considering the application afresh. Criminal Application is rejected. (N.W. SAMBRE, J.) fmp/cri5010.15