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Bombay High Court

THE STATE OF MAHARASHTRAversusMOHD. UMAR JAINULABIDIN SHAIKH

Decided
Disposal
Disposed Off

Holding

Leave to appeal is granted and the appeal is admitted.

Summary

The State of Maharashtra filed a criminal application seeking leave to appeal an acquittal of Mohd. Umar Jainulabidin Shaikh dated 14 March 2024 by the Additional Sessions Judge, Dindoshi. The High Court examined the impugned judgment and the evidence annexed to the application. It considered whether the appellant was entitled to challenge the acquittal and whether the accused should be granted bail to ensure his presence during the appeal. The Court concluded that the matter warranted appellate review and therefore granted leave to appeal. It also ordered that the trial court grant bail to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending the appeal.

Issues considered

  • Whether leave to appeal the acquittal should be granted
  • Whether bail should be granted to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • Criminal appeal
  • Acquittal
  • Leave to appeal
  • Bail
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      Gokhale                                   1 of 2              11-als-18-26


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPLICATION NO. 18 OF 2026
                                                  (LEAVE TO FILE APPEAL)



                     The State of Maharashtra                                ..Applicant
                          Versus
                     Mohd. Umar Jainulabidin Shaikh                          ..Respondent

                                                 __________
                     Ms. Gauri S. Rao, APP for State/Applicant.
                     Mr. Yogendra Koli for the Respondent.
                                                 __________

                                         CORAM : SARANG V. KOTWAL &
                                                 RANJITSINHA RAJA BHONSALE, JJ.

                                         DATE     : 1 SEPTEMBER 2026
                     PC :

                     1.           Heard learned APP and the learned counsel for the

                     Respondent-Accused.


                     2.           Perused the evidence annexed to this Application and

                     the impugned Judgment.


                     3.           This is an application for leave to file Appeal against the

                     Judgment and order of acquittal recorded by the learned

                     Additional Sessions Judge, Dindoshi, vide the Judgment dated

                     14.03.2024 passed in Sessions Case No.231 of 2017.

        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.09.02
        10:44:48
        +0530
                                       2 of 2                        11-als-18-26


4.       On hearing the learned counsel for the Respondent-

Accused, as well as, the learned APP and having perused the

impugned Judgment and evidence, we are of the opinion that

matter requires consideration.

5.       Hence, the following order:

                                         ORDER

             i)   Leave is granted to prefer Appeal against the
                  Judgment       and    order      of    acquittal      dated
                  14.03.2024 passed by the              learned Additional
                  Sessions Judge, Dindoshi, in Sessions Case
                  No.231 of 2017.

             ii) Appeal is admitted.

             iii) The Record and proceedings with paper-books be
                  called.

             iv) The Trial Court shall take action U/s.431 of the
                  Bharatiya Nagarik Suraksha Sanhita, 2023 by
                  granting bail to the Respondent-Accused to
                  ensure his availability during the pendency of the
                  Appeal; to its satisfaction.




(RANJITSINHA RAJA BHONSALE, J.)                 (SARANG V. KOTWAL, J.)


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