Bombay High Court
YOGESH NAGNATH PAWARversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Dismissed
- Bench
- SANDESH D PATIL
Holding
The petition is dismissed as there is sufficient evidence to proceed to trial.
Summary
Petitioner Yogesh Nagnath Pawar filed a criminal writ petition challenging the Additional Sessions Judge's order that upheld the rejection of his discharge application in a 2016 criminal case. The petitioner argued that CCTV footage either did not show his presence or, if it did, it was at a time unrelated to the alleged offence, essentially raising an alibi defence. Both the trial court and the Additional Sessions Judge held that the alibi plea could not be considered at that stage and rejected the discharge. The High Court examined whether there was sufficient material evidence to send the accused to trial. Relying on the precedent of State of U.P. v. Udai Narayan, the Court found that the evidence was adequate and dismissed the petition, keeping all parties' contentions open.
Issues considered
- Whether the petitioner is entitled to discharge on the basis of an alibi defence at the revision stage
- Whether the evidence on record, including CCTV footage, is sufficient to warrant a trial
Subjects
- criminal procedure
- discharge
- alibi
- evidence
- revision
- trial
Judgment
52-WP-4507-2024 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4507 OF 2024
Yogesh Nagnath Pawar ] Petitioner
versus
The State of Maharashtra and another ] Respondents
.....
Mr. Samir Kumbhakoni (through V.C.), for the Petitioner.
Ms. Mahalakshmi Ganapathy, Addl. P.P, for Respondent No.1 – State.
Mr. Anvil S. Kalekar, for Respondent No.2.
..…
CORAM: SANDESH D. PATIL, J.
DATED: 6th AUGUST 2026.
Digitally
P. C. :
signed by
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE 1. Heard learned counsel for the petitioner.
HALKUDE Date:
2026.08.07
10:44:18
+0530
2. By the present petition, the petitioner is challenging the judgment
and order dated 7th July, 2023 passed by the learned Additional
Sessions Judge, Solapur in Criminal Revision Application No.32 of 2022
whereby the learned Additional Sessions Judge, Solapur had upheld the
order of rejection of discharge application passed by the learned
C.J.J.D, J.M.F.C., Solapur below Exhibit 11 in Regular Criminal Case
No.533 of 2016.
Shailaja
1
52-WP-4507-2024 (CR).doc
3. Mr. Kumbhakoni, learned counsel for the petitioner, submits that
the CCTV footage seized in the matter does not show the presence of
the petitioner. In the alternative, he submits that even assuming the
CCTV footage does show the presence of the petitioner, such presence is
not at the relevant time when the offence in question is alleged to have
been committed. He invited my attention to the observations of the
learned Trial Court at page 33. He also invited my attention to the
observations made by the learned Additional Sessions Judge while
rejecting the Revision Application. Both the courts below have
concurrently held that the petitioner is, in effect, raising a plea of alibi,
which cannot be permitted at this stage.
4. Mr. Kumbhakoni submits that the timing reflected in the CCTV
footage does not match. He further submits that both the Courts below
ought to have considered the timing reflected in the CCTV footage.
5. As on date, there are concurrent findings of fact recorded by both
the Courts below. At this stage, the only question that arises for
consideration is whether there is sufficient material on record to
proceed against the accused and send him for trial.
Shailaja
2
52-WP-4507-2024 (CR).doc
6. In my opinion, examination of the evidence before the court is
not necessary. I am satisfied that there is sufficient evidence on record
to show that accused can be sent for trial. The Apex Court in the
judgment of State of State of U.P. vs. Udai Narayan 1 has considered the
scope of discharge. In the light of the aforesaid judgment, there is no
merit in the petition. The petition is dismissed. All contentions of the
parties are kept open.
[SANDESH D. PATIL, J.]
1 1999 AIR (SC) 3845
Shailaja
3
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