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Bombay High CourtBA/30/2021allowed to be withdrawn

Hardik Dipak Urgunde v. State Of Mah. Thr. Ps Wani Dist.Yavatmal

2021-01-27Hon'Ble Mrs. Justice Swapna Joshi1 pages

27.01.21.BA.30.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 30/2021 (Hardik Dipak Urgunde vs. The State of Maharashtra) .................................................................................................. ....................

Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .......................................................................................................................................... Mr. Pankaj Navlani, Advocate for the applicant Ms. Nivedita Mehta, APP for respondent-State ORAM : MRS.SWAPNA JOSHI, J.

ATED : 27th January, 2021 Mr Navlani, learned Advocate for the applicant submits that change circumstance is that 164 Cr.P.C. statements recorded by the police shows that the contents therein are contrary to the statements of the witnesses recorded u/s.161 Cr.P.C. He submits that 164 statements do not implicate the applicant as such in the offence and therefore his bail application may be considered. Mr Navlani, however admits that he has not filed a fresh bail application before the trial Court bringing to its notice the above facts. He therefore seeks permission to withdraw the instant Application with liberty to file fresh application before the Court below, on this count.

Permission granted. Criminal Application (BA) No. 30/2021 is allowed to be withdrawn and disposed of as such, with liberty as prayed for.

JUDGE sahare