Bombay High CourtBA/919/2015allowed to be withdrawn

Balu @ Namdeo S/O Baban Shitode (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Murtizapur, Akola

2016-02-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba919.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.919/2015 Balu @ Namdeo s/o Baban Shitode ..Versus..

The State of Maharashtra, through PSO, PS, Murtizapur, Distt. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 15.2.2016 Heard Shri R.M. Daga, advocate for the applicant and Shri M.J. Khan, A.P.P. for the non-applicant.

In paragraph no.10 of the reply filed by the non-applicant it is stated that the programme for sessions trial is fixed and the sessions trial was to commence from 14th January, 2016. Shri R.M. Daga, advocate states that the sessions trial has not commenced. In view of the fact that the programme for sessions trial has already been finalized, I am not inclined to consider the application at this stage. The learned advocate for the applicant, on instructions, seeks permission to withdraw the application with liberty to move fresh application if sessions trial does not commence within one month. The application is disposed of as withdrawn with liberty to the applicant to move fresh application if the sessions trial does not commence till 15th April, 2016. In the circumstances, the parties to bear their own costs.

2 ba919.15 JUDGE Tambaskar.