Gulshan Arif Tase v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT Date: 2026.06.09 19:34:10 +0530 WRIT PETITION NO. 2432 OF 2026 Gulshan Arif Tase ..Petitioner.

Vs.

State of Maharashtra & Ors.

..Respondents.

Mr. Subhash Jha with Mr. Sumeet Upadhyay i/b Law Global, Advocates for the Petitioner.

Ms. Pallavi Dabholkar, APP for Respondent Nos. 1 to 3/State. CORAM :

RAVINDRA V. GHUGE, ACJ. & GAUTAM A. ANKHAD, J.

DATE :

8TH JUNE, 2026.

P.C. :

1.

Heard the learned Advocate for the Petitioner. 2.

After the Court expressed its disinclination, the learned Advocate for the Petitioner submits that an application with such material that the Petitioner possess in support of his case of 'Alibi', would be presented before the trial Court as, according to the Petitioner, this material was not considered properly in the investigation by the Investigating Officer, who has filed a charge-sheet. It is further submitted that the Petitioner would file an application for seeking further investigation and the trial Court be directed to consider the said material. 1/2 31 WP-2432-26.odt bdp

3.

In view of the above submission, this Petition is disposed off as withdrawn on instructions.

4.

If the Petitioner tenders an Application along with such material and seeks further investigation on the basis of such material for pointing out that the Investigating Authority did not consider the said material from the point of view of the defense, we would expect the trial Court to deal with such Application on it's own merits. [ GAUTAM A. ANKHAD, J. ] [ ACTING CHIEF JUSTICE ] 2/2 31 WP-2432-26.odt bdp