1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Criminal Application No. 2276/2008 [Smt. S.O. Bajoriya .vs. V.P. Mehsare and another] .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. C.A. Joshi, Advocate for Applicant. Mr. R.P. Agrawal, Advocate for Respondent no.1. Mr. C. N. Adgokar, APP for Respondent no.2. ... CORAM : P.D. KODE, J. DATED : MAY 4, 2009. The learned counsel for the applicant states that remedy of appeal being available to the applicant, but instead of preferring such an appeal, the applicant having preferred the revision before the Court of Session and thereafter the present application, he wants to withdraw the application with a liberty to prefer appeal. The learned counsel for respondent no.1 has objected the said request. Having regard to the aforesaid, the applicant is permitted to withdraw the application with liberty to prefer an appeal in accordance with law. Liberty is granted subject to keeping open the question of delay and maintainability of appeal. In view of these facts and circumstances, no order as to costs. JUDGE 2 halwai