Vivek Gangadharrao Raut v. State Of Mah. Thr. Pso, Ps Gadge Nagar, Amravati Tq. And Dist. Amravati And Another.

2024:BHC-NAG:8818

(1) 56.apeal.409.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.409 OF 2024 Vivek Gangadharrao Raut Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Gadge Nagar, Amravati, District Amravati and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. R. Agrawal, Counsel for appellant.

Ms. Sneha Dhote, APP for respondent No.1/State. Ms. S. K. Phaltankar, appointed Counsel for the respondent No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 08/08/2024 1.

By preferring this appeal, the appellant has challenged the order passed by the learned Special Court on 26.12.2023 by which the Criminal Bail Application No.1543/2023 is rejected by the learned Special Court.

2.

Learned Counsel for the appellant pointed out that though investigation is completed and charge-sheet is filed, the learned trial Court has observed that the investigation is in progress and hence, it will not be proper to release the appellant on bail, at this stage. He submitted that the appellant is seeking withdrawal of this appeal with liberty to file application before the trial Court with direction that the trial Court shall decide the

(2) 56.apeal.409.2024 application on its own merits, considering the investigation is completed and charge-sheet is filed. 3.

In view of the submission made by the learned Counsel for the appellant, the appellant is permitted to withdraw the appeal.

4.

The appeal is disposed of as withdrawn with liberty to file application before the learned Special Court. The learned special Court shall consider the application on its own merits and by considering the facts that the investigation is completed.

5.

The fees of the appointed Counsel be quantified and paid as per rules.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 12/08/2024 17:01:54