1 appa983.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 983 of 2010 IN Criminal Appeal No. 454 of 2010 Shabbir @ Khadda S/o Feroz Khan ....Applicant Vs. The State of Maharashtra ....Respondent Mr. Keshav Chavan for the applicant. Mr. K.V.Saste-APP for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 23, 2010 P.C. Heard Counsel for the parties. 2. Prima-facie we are in agreement with the submission of the Learned APP that there is ample evidence about the complicity of the Applicant in the commission of alleged offence in the form of evidence of PW3, PW4 & PW17. That substantive evidence has been corroborated. Besides, the Applicant has been found indulging in similar offences. There are 10 registered offences 2 appa983.10.sxw against the Applicant. The Applicant has committed offence even while he was released on bail. Considering the above position, since we were inclined to dismiss the Application, Counsel for the Applicant submits that Applicant be permitted to withdraw the Application. 3. Accordingly, Application is dismissed as withdrawn. Appeal be proceeded for hearing under category ‘convicts in jail’ which is already an expedited category. (U.D. SALVI, J) (A.M.KHANWILKAR, J)