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Bombay High Court

THE STATE OF MAHARASHTRAversusNARENDRA NARAYAN CHILKAMARI

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 Narendra Narayan Chilkamari dated 17 October 2024 by the Sessions Judge, Thane. The High Court examined the impugned judgment and the supporting evidence. It found merit in the State's request and granted leave to file an appeal, admitting the appeal. The Court also ordered that a call record and related paperbooks be produced, and directed the trial court to grant bail to the respondent under section 431 of the BNSS to ensure his availability during the appeal. The hearing was directed to be expedited.

Issues considered

  • Whether leave should be granted to appeal the Sessions Court's order of acquittal
  • Whether bail should be granted to the respondent under section 431 of the BNSS pending the appeal

Legislation cited

Subjects

  • leave to appeal
  • acquittal
  • bail
  • section 431
  • criminal procedure
  • appellate jurisdiction

Judgment

                                                             1/2                        13-ALS-21-26.odt

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPLICATION NO.21 OF 2026
                                                 (For Leave to File an Appeal)

                             The State of Maharashtra                           .... Applicant/
                                                                                (Orig. Complainant)
                                       versus

                             Narendra Narayan Chilkamari                        .... Respondent
                                                                …....

                             •     Ms. Supriya Kak, APP for the State/Applicant.
                             •     Ms. Rebecca Gonsalvez, appointed Advocate for Respondent.

                                                CORAM     : SARANG V. KOTWAL &
                                                            RANJITSINHA RAJA BHONSALE, JJ.
                                                DATE      : 18th AUGUST, 2026

                             P.C. :


                             1.            Heard   learned      APP     and   learned   counsel     for

                                  Respondent/original accused.



                             2.            Perused the impugned Judgment and the evidence

                                  annexed to the application.


MANUSHREE                    3.            Arguable points are raised.
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
Date: 2026.08.20
14:55:25 +0530

                             4.            Hence, the following order :

                 Nesarikar
                           2/2                            13-ALS-21-26.odt




                           ORDER


         (i)    Leave is granted to prefer an Appeal against the
                Judgment       and    Order    of     acquittal    dated
                17/10/2024 passed by the Sessions Judge,
                Thane, in Sessions Case No.231/2020.


         (ii)   The Appeal is admitted.


         (iii) Call record and proceedings with paperbooks.


         (iv)   Action u/s 431 of BNSS be taken by the Trial
                Court by granting bail to the Respondent to its
                satisfaction     to   ensure        the   Respondent’s
                availability during pendency of the Appeal.


         (v)    Hearing is expedited.




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

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