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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