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Bombay High CourtAPL/345/2024disposed off

Farhaz Asif Lakhani And ANR v. The State Of Maharashtra And ANR

2025-04-25Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

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902. APL 345 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 345 OF 2024 Farhaz Asif Lakhani and Anr.

.....Applicants

Versus

The State of Maharashtra and Anr.

.....Respondents ----- Adv. Mubin Solkar a/w Adv. Anas Shaikh i/by Adv. Tahir Hussain - Advocate for Applicants.

Adil Pursumpuria i/by Aditya A. Joshi - Advocate for the Respondent No. 2.

Ms. M. M. Deshmukh - APP for the Respondent-State. API Prashant M. Kamble - LT Marg Police Station, Mumbai. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 25th APRIL 2025 P.C. :

1.

The learned Counsel for the Applicants, on instructions, states that he is not pressing this application at this stage. He seeks permission to withdraw this application.

2.

In this case, the investigation is still going on. The learned APP, on instructions, of the investigating officer, makes a statement that the investigating agency does not want to arrest the Applicant No. 2 in connection with the subject matter of the present application. The Seema SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2025.04.30 12:25:51 +0530

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902. APL 345 of 2024.odt statement is recorded and accepted. The Applicant No. 1 is at liberty to prefer proceeding in the nature of anticipatory bail application. 3.

Both the parties are also at liberty to adopt appropriate proceedings in accordance with the law, if and when the chargesheet is filed, including approaching this court for quashing the charge-sheet.

4.

The proceeding in the nature of anticipatory bail or the future proceeding for quashing shall be decided in accordance with the law, on the merits of the matter, without being influenced by the withdrawal of this application.

5.

The Applicant No. 1 was protected by way of ad-interim order since 28.03.2024. The said protection shall continue for a further period of 15 days from today.

6.

It is made clear that the concession given by the investigating officer in respect of the Applicant No. 2 is strictly restricted for the Applicant No. 2.

7.

Accordingly, application is disposed of.

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