WP.2395-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 2395 OF 2010 Rajendra Barde & Anr. ...Petitioners Vs. State of Maharashtra & Anr. ...Respondents *** Mr. S. V. Marwadi i/b Mr. M. D. Nagle & V. M. Parkar, for the Petitioners. Mr. A. S. Shitole, APP for the Respondent No.1. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 14, 2010 P.C. 1. The learned counsel appearing for the petitioner seeks leave to withdraw the petition. He submits that petitioner may be exempted from appearing in the trial Court and the trial may be expedited. 2. The writ petition is allowed to be withdrawn. The petitioners are however, exempted from appearing in the trial Court. The plea is already recorded. So far as statements under S. 313 Cr.P.C. are concerned, the learned Magistrate may record the same in accordance WP.2395-10 - 2 - with the provisions of S.313(5) Cr. P. C. The petitioners shall given an undertaking to the trial Court that they will not question the correctness of the answers recorded in the said statements. If the advocate of the petitioners does not remain present on more than two occasions, learned Magistrate may pass an appropriate order to secure presence of the petitioners and for early disposal of the case. [ V. M. KANADE J.]