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Judgment
Nikhil S. Kariel, J
Heard learned Advocate Mr. M.A. Bukhari for the applicant and learned APP Ms. M.D. Mehta for the respondent-State.
This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail on account of
his arrest in connection with F.I.R. registered as C.R. No.11197034200725 of 2020, with Padra Police Station, District:- Vadodara Rural, for the
offences punishable under Sections 302, 307, 143, 147, 149, 323, 324, 504, 114 and 188 of the Indian Penal Code.
Learned Advocate Mr. M.A. Bukhari for the applicant has relied upon two statements dated 03.60.2020 by two persons namely Rizvanbhai
Ismailbhai Sindha and Kasam Fatesinh Sindha, both of whom given a different version of the incident then the version stated by the witnesses to the
incident.
Learned Advocate Mr. Bukhari has also relied upon the communication dated 07.06.2020 by the office of the Superintendent of Police, Vadodara
Rural to the Investigating Officer, whereby the above referred two statements have been requested to be taken as a part of investigation.
Upon verification, it appears that the aforesaid statements do not form part of the charge-sheet and whereas no further investigation appears to
have been carried out in that regard.
Under such circumstances, learned Advocate Mr. Bukhari for the applicant seeks permission to withdraw the present application with a liberty to
take appropriate steps under Section 173(8) of the Criminal Procedure Code and to approach the learned Sessions Court, if there is a change of
circumstances.
Liberty as requested for is granted. The present application stands disposed of, as withdrawn. Rule is discharged.