SAQUIB ABDUL HAMEED NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the decision of the Full Bench of the High Court of Bombay dated 05.11.2004, the appellant has filed these appeals.

(2.) In view of the limited issue, being the same covered by a subsequent decision of this Court and the course which we are going to adopt, we feel that there is no need to traverse the factual details. After reference by a Division Bench, the Full Bench of the High Court of Bombay re-framed the following questions for adjudication which read as under:

(3.) After answering the reframed questions, the Full Bench considered the claim of the parties on merits and remitted the matter back to the Designated Court for deciding the application of the original accused No.1 for discharge, on the ground mentioned therein and in the light of the observations made in the judgment. The conclusion of the Full Bench as well the ultimate direction is under challenge in the above appeals.