Mushtaque Shoaib Shaikh v. The Sr Police Inspector And ORS

LSP 1 905 wp 4435.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.4435 of 2024 With Interim Application No.5304 of 2024 In Criminal Writ Petition No.4435 of 2024 Mushtaque Shoaib Shaikh ...

Petitioner V/s.

The Sr. Police Inspector and others ...

Respondents.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.05.02 14:55:00 +0530 Mr. Mateen Shaikh a/w. Muskan Shaikh, Advocate Umair Ahmad for the Petitioner.

LATA SUNIL PANJWANI Ms. M.M. Deshmukh, APP for the State.

CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 29th April 2025.

P.C.:

Learned Counsel for the Petitioner submitted that instead of pressing this petition, he is seeking liberty to prefer an application for discharge before the trial Court. His only reasonable request is that trial Court be directed to decide the discharge application within a reasonable period and in any case not later than 60 days from filing of the discharge application.

2.

Considering this reasonable request, the writ petition is disposed of as not pressed. The Petitioner is at liberty to prefer an

LSP 2 905 wp 4435.24.doc application for discharge before the trial Court. After such an application is preferred, it shall be decided on its own merits and in accordance with law and in any case as far as possible within 60 days of filing of discharge application.

3.

We make it clear that we have not made any comments on the merits of the matter. The discharge application shall be decided strictly in accordance with merits of the matter and as per law. 4.

The Writ Petition is disposed of accordingly. 5.

With disposal of the petition, interim application does not survive and it is also disposed of.

(S.M. MODAK, J.) (SARANG V. KOTWAL,J.)