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Bombay High CourtAPL/382/2024allowed to be withdrawn

Vishal Ramrao Bargat v. The State Of Maharashtra And ANR

2024-10-15Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

1 / 2 19-APL-1476-23-@-382-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1476 OF 2023 Ramrao Gajananrao Bargat & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents WITH CRIMINAL APPLICATION NO.382 OF 2024 Vishal Ramrao Bargat & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Pandit Kasar, Advocate for Applicants.

• Smt. Anamika Malhotra, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 15th OCTOBER, 2024 P.C. :

1.

Learned counsel for the Applicants submitted that the Applicants are desirous of availing the alternate remedy by preferring discharge application. He submitted that there is urgency in this matter because the Applicant Vishal Bargat has a green card of USA, which is expiring by October end. The Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.17 11:51:51 +0530 MANUSHREE NESARIKAR pendency of this proceeding is coming in the way of renewal of Nesarikar

2 / 2 19-APL-1476-23-@-382-24.odt that green card. He further submitted that Vishal has a special child. His future is also at stake. Therefore, it is necessary that his discharge application is decided at the earliest. He seeks some directions to the trial Court for deciding the discharge applications at the earliest.

2.

Considering this request, both these applications are allowed to be withdrawn. The Applicants are at liberty to prefer application for discharge before the trial Court. If such an application is preferred, it shall be decided on its own merits in accordance with law at the earliest and preferably within a period of one week from filing of that application. It is made clear that we have not expressed our opinion on merits of the matter. All the questions are left open. The withdrawal of these applications shall not come in the way of Applicants to pursue any other remedy.

3.

With these observations, the applications are disposed of. (DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)