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Bombay High CourtBA/22/2020dismissed

Jayesh Hirji Savla v. The State Of Maharashtra

2021-12-20Hon'Ble Shri Justice M. S. Karnik2 pages

1. BA 22-20.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2021.12.21 18:56:14 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO. 22 OF 2020 JAYESH HIRJI SAVLA ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Swapnil Wagh for the applicant.

Smt. Veera Shinde, APP for the State.

------------ C0RAM : M. S. KARNIK, J.

DATE : DECEMBER 20, 2021 P.C. :

My attention is invited by learned counsel for the applicant to the order dated 17/9/2020 passed by the Hon'ble Supreme Court in case of Zakir Abdul Mirajkar vs. The State of Maharashtra & Ors. in Petition (s) for Special Leave to Appeal (Crl.) No. 3213/2020.

2.

Three points are urged in support of the SLP are reflected in the order, are brought to my notice by learned counsel for the applicant. Learned counsel submits that even Special Leave Petition (SLP) is filed on behalf of the present applicant, is pending before the Hon'ble Supreme 1/2

1. BA 22-20.doc Court. He submits that the decision on the points which have been urged in the SLP will have a bearing on the present application. In this view of the matter, he submits that he may be permitted to withdraw the application for the present with a liberty to file a fresh after a decision by the Apex Court in the pending SLP.

3.

The application is allowed to be withdrawn with liberty to file a fresh application after the SLPs are decided or in view of any change in circumstances.

4.

It is made clear that the application is not decided on merits and has been allowed to be withdrawn in view of the aforesaid submission of learned counsel for the applicant. 5.

The application is disposed of as withdrawn with liberty.

(M.S.KARNIK, J.) 2/2