... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4637 OF 2005 APPLICATION NO.4637 OF 2005 APPLICATION NO.4637 OF 2005 Shri. Sanjay Bhausaheb Shinde ...Applicant Vs. The State of Maharashtra ...Respondent Shri. M. S. Mohite for the Applicant. Shri. S. R. Borulkar, P.P. for the Respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATED DATED DATED : AUGUST 01, 2005. : AUGUST 01, 2005. : AUGUST 01, 2005. P.C.: P.C.: P.C.: 1. Heard Shri. Mohite appearing for the Applicant and learned Public Prosecutor for the State. The learned P.P. on instructions of the Investigating Officer who is present in the Court states that investigation is nearing completion. He states that investigation will be completed within a period of fifteen days from today. The statement is accepted. 2. Shri. Mohite appearing for the Applicant submitted that the Applicant is a handicapped person having sixty percent permanent disability and his wife has undergone a surgery. He therefore, prays that the Applicant may be permitted to withdraw the Application with liberty to file a fresh Application before the Sessions Court after completion of investigation. 3. The learned P.P. on instructions has stated that investigation will be completed within a period of fifteen days from today. The Applicant has relied upon the certificate issued by the Sasoon General Hospital, Pune which prima facie shows that the ... 2 ... Applicant is handicapped person having permanent disability of sixty percent. Therefore, if a fresh Application is made by the Applicant to the Sessions Court after completion of investigation, the same deserves to be heard on merits. 4. Hence, Application is allowed to be withdrawn with liberty to file a fresh Application in the Sessions Court after completion of period of fifteen days from today. If such Application is made, the same will be considered on its own mertis. JUDGE JUDGE JUDGE