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2026 DAILYLAW 6589 (BOM)

GAUS MUSTAFA SAYYED v. THE STATE OF MAHARASHTRA AND ANOTHER

APEAL/646/2026 · 2026-09-04

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 934 CRIMINAL APPEAL NO. 646 OF 2026 GAUS MUSTAFA SAYYED VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Maruti Venjane Tukaram, Advocate for Appellant Ms. R. P. Gour, APP for the Respondent/State Mr. Onkar Jadhav, Advocate for Respondent No.2. CORAM : R. M. JOSHI, J. DATED : 4th SEPTEMBER, 2026 PER COURT :- 1. Since it was argued before this Court that the appellant had suppressed his criminal antecedents, this Court was disinclined to entertain the appeal. In view thereof, learned Advocate for the appellant seeks leave to withdraw the appeal, with liberty to prefer a fresh appeal by disclosing the antecedents of the appellant within a period of one week. 2. In view of the judgment in the case of Zeba Khan v. State of Uttar Pradesh & Others, in Criminal Appeal No. 825 of 2026, the position of law is clear to the effect that it is the obligation of the appellant to disclose his criminal antecedents, and non-disclosure thereof amounts to suppression of material facts. 934 APEAL 646.2026.odt 1 of 2 2026:BHC-AUG:40468 3. Having regard to the same, though this Court is inclined to permit the appellant to revive his request, the same cannot be permitted within a period of one week, as sought. Accordingly, the appeal is dismissed as withdrawn with liberty to the appellant to revive his request after a period of one month from today. ( R. M. JOSHI, J.) ssp 934 APEAL 646.2026.odt 2 of 2