State Of Maharashtra v. Tejas @ Dada Mahipati Dalvi

12_CONF_3_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CONFIRMATION CASE NO. 3 OF 2024 The State of Maharashtra ...

Appellant vs.

Tejas @ Dada Mahipati Dalvi ...

Respondent WITH INTERIM APPLICATION NO. 4190 OF 2025 IN CONFIRMATION CASE NO. 3 OF 2024 WITH APPEAL NO. 367 OF 2024 WITH INTERIM APPLICATION NO. 2627 OF 2025 IN APPEAL NO. 367 OF 2024 WITH APPEAL NO. 1262 OF 2024 Mr. Shreekant Gawand, AGP for appellant-State. Ms. Rebecca Gonsalvez a/w. Ms. Sahana Manjesh, Ms. Moulika Diwakar and Ms. Nadia Shalin for respondent in CONF/3/24 and appellant in APEAL/367/24.

CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

18th FEBRUARY, 2026 P.C. :

.

Ms. Gonsalvez, the learned counsel appearing for applicant in Interim Application No.4190 of 2025 filed in Criminal Confirmation Case No.3 of 2024, appearing for the original accused No.1, submits that the prayers made in this application, seeking permission for cross-examination of the Assistant Chemical Analyzer along with other prayers, needs to be allowed in the interest of justice. It is by PRIYA KAMBLI Date:

2026.02.18 17:51:26 +0530 PRIYA KAMBLI 1/2

12_CONF_3_24.doc submitted that in terms of the law laid down by the Supreme Court in similar situations, followed by this Court, the application ought to be allowed.

2.

We also find that in the order dated 13.01.2026, we had noted that there was no appearance on behalf of the appellant (original accused No.2) in Criminal Appeal No.1262 of 2024. We had also recorded that in the event there is no appearance on behalf of the said appellant on the next date of hearing, we would consider appointing an advocate for representing the said appellant. 3.

Even today, there is no appearance on behalf of the appellant in Criminal Appeal No.1262 of 2024.

4.

Hence, we discharge the advocate on record appearing for the said appellant in Criminal Appeal No.1262 of 2024 and we hereby appoint Ms. Gonsalvez, learned counsel appearing for the original accused No.1 in the confirmation case, to also appear for the appellant in Criminal Appeal No.1262 of 2024. 5.

List Interim Application No.4190 of 2025 on 05.03.2026, to be included in the supplementary list.

6.

The learned counsel for the applicant assures this Court that a compilation of judgments/orders shall be kept ready for assisting this Court in dealing with the application on the next date of listing. (SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) 2/2 Priya Kambli