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Bombay High Court

THE STATE OF MAHARASHTRAversusDATTATRAYA DAGDU BHATLAWANDE

Decided
Disposal
Disposed Off

Holding

Leave to appeal is granted and the appeal is admitted, with bail ordered for the respondent during the pendency of the appeal.

Summary

The State of Maharashtra filed an application for leave to appeal against the acquittal of Dattatraya Dagdu Bhatlawande dated 30 August 2024 by the Additional Sessions Judge, Pune. The High Court examined the impugned judgment and found that arguable questions of law and fact were raised, warranting a review of the trial court's decision. Consequently, the Court granted leave to appeal and admitted the appeal. Additionally, the Court directed that the respondent be granted bail during the pendency of the appeal under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The trial court was instructed to grant bail to the respondent to its satisfaction.

Issues considered

  • Whether leave to appeal should be granted against the acquittal in Sessions Case No. 521 of 2016
  • Whether bail should be granted to the accused during the pendency of the appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • criminal appeal
  • acquittal
  • bail
  • leave to appeal
  • Section 431
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                        Ingale                                                 13-als-17-26.odt



         Digitally
         signed by
         URMILA
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
URMILA
PRAMOD
INGALE
         PRAMOD
         INGALE
         Date:
         2026.07.23
                                       CRIMINAL APPELLATE JURISDICTION
         10:56:41
         +0530




                       APPLICATION FOR LEAVE TO APPEAL (STATE) NO. 17 OF 2026

                      The State of Maharashtra                      … Applicant
                            Versus
                      Dattatraya Dagdu Bhatlawande                  .… Respondent

                                                    ****
                      Ms. Gauri Rao, APP for Applicant.
                      Mr. Anjaykumar Kori a/w Ms.           Nidhi   Chandanshive,             for
                      Respondent.

                                                  ****
                                             CORAM : SARANG V. KOTWAL &
                                                    ASHISH S. CHAVAN, JJ.

                                                DATE : 22nd JULY, 2026

                      P.C. :


                      1.    Heard learned counsel for the parties. Perused the impugned

                      judgment and order dated 30th August 2024 passed by the

                      Additional Sessions Judge, Pune in Sessions Case No. 521 of 2016.

                      2. Arguable questions are raised. Hence, the following order.

                                             ORDER

                      (i) Leave is granted to prefer Appeal against the judgment and

                      order of acquittal dated 30th August 2024 passed by the Additional

                      Sessions Judge, Pune in Sessions Case No. 521 of 2016.

                      (ii) The Appeal is admitted.


                                                     1
 Ingale                                                  13-als-17-26.odt



(iii) Call for record and proceedings and paper-books.

(iv) The Respondent be granted bail by the trial Court during the

pendency of this Appeal under the provisions of Section 431 of

Bharatiya Nagarik Suraksha Sanhita, 2023. The trial Court shall

grant bail to the Respondent herein (original accused) to its

satisfaction.



(ASHISH S. CHAVAN, J.)                (SARANG V. KOTWAL, J.)




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