Mohd. Afzal Mohammed Aslam v. State Of Maharashtra And ORS
dtg 11-Wp-5589-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5589 OF 2025 Mohd. Afzal Mohammed Aslam ... Petitioner V/s.
State of Maharashtra & Ors.
... Respondents _______________________________________ Mr. Pawan Mali for Petitioner.
Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State. Mr. Chandrakant Kamble, P.I. and Mr. Rahul Kokate, PSI, Santacruz Police Station, present.
_______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.
DATE : 10th December 2025 P.C. :
1) In pursuance of Order dated 11th November 2025, the Registrar General of this Court had appointed Special Judge for Bomb Blast Cases, as Enquiry Officer to conduct in-depth enquiry into the issues mentioned by us in the said Order. The Enquiry Officer has conducted in-depth enquiry and has recorded the statements of various witnesses and submitted a detailed report dated 28th November 2025. The Enquiry Officer has recorded conclusions that, in fact 'B-Summary Report' was filed by the police in CC No.156/SW/2013, which was pending on the file of 21st Metropolitan Magistrate, Bandra, Mumabi. The said report was in MECR No. 2 of 2013, the genesis of which was CC No. 156/SW/2013. It is stated that, the said report is a genuine document and Mr. Dipak Nanche has not made any false 1/3
dtg 11-Wp-5589-2025.doc statement before Arbitral Tribunal.
1.1) It is thus clear that, the statements made by the Petitioner and recorded in our Order dated 11th November 2025, have no substance in it. However due to said serious statements made by the Petitioner, valuable precious time of one Judicial Officer in conducting enquiry has been spent. 2) In view thereof, the report submitted by the Enquiry Officer, Mr. Mali, learned Advocate for Petitioner on instructions seeks leave to withdraw Petition unconditionally.
2.1) Leave granted.
3) Disposed off as withdrawn.
4) Learned Advocate for Petitioner submitted that, for the time consumed by the Petitioner; spent by this Court and so also by the Enquiry Officer, the Petitioner will voluntarily pay a cost of Rs. 25,000/- to Bar Council of Maharashtra and Goa's Advocate Academy and Research Center, within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court. 4.1) Details of the bank Account for payment of cost are as under:- Account Name :- BCMG'S Advocate Academy & Research Center Account Number :- 000120110001327 Bank Name :- Bank of India Branch Name :- Mumbai Main 2/3
dtg 11-Wp-5589-2025.doc IFSC Code :- BKID0000001 Type of Account :- Current A/c 4.2) Subject to payment of aforesaid cost within stipulated period, the Petitioner is allowed to withdraw the Petition. 5) List the Petition on board on 7th January 2026, under the caption 'For Reporting Compliance' of present Order.
(RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. ) 3/3