(1.) Rule, returnable forthwith.
(2.) Heard finally with the consent of the learned Additional Solicitor General appearing for the applicant and Mr. Rizvan Merchant, learned Counsel appearing for respondent No.2-original accused.
(3.) Mr. Merchant waives service of notice on behalf of respondent No.2 and learned A.P.P waives service of notice on behalf of respondent No.1-State.