Bombay High Court

SHAHBAJ FARUKH PATEL AND ORSversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 22 July 2026
Disposal: Dismissed
Bench: N R BORKAR

Holding

The order rejecting the discharge applications of Appellants Nos.2‑6 is set aside and the matter remanded for fresh consideration; the appeal of Appellant No.1 is dismissed as withdrawn.

Summary

The appellants, Shahbaj Farukh Patel & Ors., appealed against an order of the Additional Sessions Judge, Panvel, which had rejected their applications for discharge in a Special (Atrocity) case involving multiple IPC, SC/ST Act and Arms Act offences. The appellants sought to withdraw the appeal for Appellant No.1 while contesting the rejection of discharge applications for Appellants Nos.2‑6. The High Court held that the trial court had erred by dismissing the discharge applications without examining whether the allegations made any case to answer. Consequently, the order rejecting the applications of Appellants Nos.2‑6 was set aside and the matter remanded for fresh consideration, whereas the appeal of Appellant No.1 was dismissed as withdrawn. The appeal was thus disposed of in these terms.

Issues considered

Whether the trial court erred in rejecting the discharge applications of Appellants Nos.2‑6 without assessing the merits.
Whether the appeal filed by Appellant No.1 can be withdrawn.

Legislation cited

Arms Act — s. 25, 3
Indian Penal Code, 1860 — s. 313, 323, 34, 376(2)(n), 377, 384, 417, 504, 506(2)
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(u), 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va)

Subjects

criminal law
discharge application
appeal withdrawal
set aside
remand
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act
Indian Penal Code
Arms Act

Judgment

                                     1               1-APEAL 312-24.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO.312 OF 2024

Shahbaj Farukh Patel & Ors.                    … Appellants
      Vs.
State of Maharashtra & Anr.         … Respondents
                                 -----
Mr. Tapan Thatte a/w Vivek Arote & Akshay Dingale & Harish Garde for
the Appellants.
Ms. Rutuja Ambekar, APP for Respondent No.1-State.
Ms. Manisha Devkar, appointed advocate a/w Anjali Kondvilkar for
Respondent No.2.
                                 -----

                                  CORAM :      N.R. BORKAR, J.
                                  DATE    :    22ND JULY 2026
P.C. :

1.       This Appeal takes exception to the order dated 27th June 2023
passed by the Additional Sessions Judge, Panvel below Exhibits 45, 46, 47,
49 and 50 in Special (Atrocity) Case No.15 of 2022.


2.       In the aforesaid Special Case, the present Appellants are facing trial
for the offences punishable under Sections 417, 376(2)(n), 377, 384, 313,
323, 504, 506(2), 34 of the Indian Penal Code and Sections 3(1)(r), (s),
(w)(i), (w)(ii), (u) and 3(2)(va) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and Sections 3, 25 of the Arms
Act.


3.       By the impugned order, the Learned Additional Sessions Judge has
rejected the applications filed by the Appellants for discharge.


     Mugdha                                                                1 of 2
                                       2               1-APEAL 312-24.doc




4.       Learned Counsel for the Appellants, on instructions, seeks leave to
withdraw the present Appeal qua Appellant No.1.


5.       As regards Appellant Nos.2 to 6, the trial court has rejected their
application/s without examining whether on the basis of allegations
against them, the offences alleged against them are made out or not. The
order impugned therefore rejecting the application/s of Appellant Nos.2 to
6 cannot be allowed to stand and the matter will have to be remanded
back to the trial court to decide their application/s afresh. In the result,
the following order is passed:
                                      ORDER
       i.     The impugned order to the extent of rejecting the
              application/s filed by Appellant Nos.2 to 6 for discharge is
              set aside.

       ii.    The trial court shall decide their application/s afresh.

       iii.   The Appeal qua Appellant No.1 is dismissed as withdrawn.


6.       The Criminal Appeal is disposed of in the aforesaid terms.


                                                 (N.R. BORKAR, J.)




     Mugdha                                                                  2 of 2

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