1 2208.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2208 OF 2011 Ashwini Pravin Aher ...Petitioner Versus State of Maharashtra ...Respondent ...... Mr.Mahesh Vaswani with Mr.Rohit Sawant for Petitioner. Mrs.A.S.Pai, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 5, 2011. P.C. 1. After hearing Counsel for the petitioner and the learned A.P.P. for some time, in deference to the observations made by the Court, learned Counsel for the petitioner submitted that the petitioner be allowed to withdraw this Petition with liberty to pursue remedy of cancellation of bail granted in favour of the accused before the concerned Court and if such application is filed by the petitioner, the Trial Court can be persuaded to hear the same along with the application for cancellation of bail already filed by the State in the same criminal matter. 2 2208.11 2. Accordingly, Petition is allowed to be withdrawn with liberty as prayed. 3. We make it clear that we are not expressing any opinion on the merits of the contentions of this Petition. All questions are left open. The Investigating Officer through learned A.P.P. submits that he will take immediate steps for inviting decision on the application for cancellation of bail filed before the concerned Court, preferably within two weeks from today. That assurance is accepted. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)