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Bombay High Court

SANDEEP ZUMBARLAL POKHARNAversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the grievance does not survive in view of the affidavit establishing other accused.

Summary

The petitioner, Sandeep Zumbarlal Pokharna, filed a writ petition challenging the State of Maharashtra. During further investigation, an affidavit by the investigating officer revealed that Dhiraj Jain and Kantilal Jain had received proceeds of crime and were consequently made accused. A station diary entry dated 31 August 2026 recorded this development. The High Court held that, in light of this new evidence, the petitioner’s grievance no longer had any basis. Accordingly, the court disposed of the writ petition and also dismissed the related interim application.

Issues considered

  • Whether the petitioner is entitled to relief in view of the affidavit establishing that other persons have received proceeds of crime
  • Whether the interim application seeking stay should survive after the petition is dismissed

Subjects

  • Criminal law
  • Proceeds of crime
  • Writ petition
  • Interim application
  • High Court of Bombay
  • Petition disposal

Judgment

                             Sbw                                            35-WP-6586-2021.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO.6586 OF 2021

                      Sandeep Zumbarlal Pokharna                        … Petitioner

                               V/s.

                      The State of Maharashtra & Ors.                   … Respondents

                                                         WITH
                                       INTERIM APPLICATION (ST) NO.17593 OF 2026
                                                          IN
                                            WRIT PETITION NO.6586 OF 2021
                      Dhiraj Jain & Anr.                         … Applicants/Intervenors
                      In the matter between

                      Sandeep Zumbarlal Pokharna

                               V/s.

                      The State of Maharashtra & Ors.                   … Respondents



                      Mr. Akshay Deshmukh (through VC) a/w Mr. Sanjeev Kadam, a/w Ms.
                      Sonali Patil, Mr. Sanket Kadam, Mr. Sumit Chaudhary, Ms. Shweta Dave, Mr.
                      Swaraj Thorat and Mr. Aniket Pawar for the Petitioner.
                      Mr. Tejas Mane i/by Mr. Devavrat Hiray for the Applicants in
                      IAST/17593/2026.
                      Mr. S.V. Gavand, APP, for the Respondent-State.


                                                     CORAM :     A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                        DATE :   22nd September, 2026


          Digitally signed
                                                                                                  1/2
          by SANDHYA
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
        2026.09.30
          20:07:32 +0530
       Sbw                                               35-WP-6586-2021.doc



P.C.:-

1)              Learned APP tendered across the bar Affidavit of Shri Vijay B.

Chavan, the Investigating Officer in C.R. No.447 of 2017 registered with

Panvel City Police Station.

2)              It is stated in the said Affidavit that, during the course of

further investigation, it was revealed that Mr. Dhiraj Jain and Mr. Kantilal

Jain have received the proceeds of crime and the same were deposited in

their respective accounts.

3)              In view thereof, the said two persons have been made accused

in the present crime.

3.1)            A Station Diary Entry No.11 on 31 st August, 2026 has

accordingly been made.

4)              In view of the above, the grievance of the Petitioner does not

survive and the Petition is accordingly disposed off.

5)              In view of disposal of the Petition, Interim Application (ST)

No.17593 of 2026 does not survive and the same is accordingly disposed

off.



             (KAMAL KHATA, J.)                 (A.S. GADKARI, J.)




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