Arbaz S/O Jabbar Sheikh v. The State Of Maharashtra Thr. Pso Ps Bori Dist.Nagpur And Another

53appeal199.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 199 OF 2024 Arbaz s/o Jabbar Sheikh Vs The State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. C.R. Thakur, counsel for the appellant.

Mr. Hulke, APP for respondent/State.

Ms. Shubhada K.Phaltankar, counsel (appointed) for respondent No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/09/ 4.

1.

After hearing learned counsel for the appellant to some extent and after going through the order passed by the Division Bench in Criminal Appeal No. 244/2021, wherein the role of the present appellant is specifically described, and it is observed that the statement of the Crostopher is available at page No.290 of the record, and perusal of his statement would show that after assaulting the deceased, co-accused Arabj Jabbar Shaikh (present appellant) came, and he made assault on him by means of knife. Thus, the role of the present appellant is specifically observed by the Division Bench in the said order.

2.

Considering the same, prima-facie case is against the present appellant, and therefore, shown my disinclination to grant bail.

3.

Learned counsel for the appellant seeks permission to withdraw present appellant.

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53appeal199.2024.odt 4.

Permission is granted to withdraw the appeal. The criminal appeal is disposed of as withdrawn.

5.

The fees of the appointed counsel be quantified as per Rule.

[URMILA JOSHI-PHALKE, J.] rkn