Bombay High Court

THE STATE OF MAHARASHTRAversusYOGESH SITARAM CHAVAN AND ANR

Decided: 23 January 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

Leave to file an appeal against the acquittal is granted.

Summary

The State of Maharashtra filed a criminal application seeking leave to appeal an acquittal of Yogesh Sitaram Chavan and another accused. The trial court had acquitted the respondents, prompting the State to challenge that decision. The application was argued by Ms. Supriya Kak on behalf of the State. The High Court examined the impugned judgment and the accompanying deposition, finding that substantial questions of law and fact were raised. Consequently, the Court granted leave to file an appeal, admitted the appeal, and directed that the trial court proceed with action under section 431 of the BNSS against the respondents. The order also directed the call record and proceedings to be recorded with paperbooks.

Issues considered

Whether leave should be granted to appeal the acquittal of the respondents
Whether the appeal is admissible under the applicable criminal procedure provisions
Whether the trial court should proceed with action under section 431 of the BNSS

Legislation cited

BNSS — s. 431

Subjects

criminal appeal
leave to appeal
acquittal
section 431
BNSS

Judgment

                                                          1/2                      14-ALS-23-25.odt

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPLICATION NO.23 OF 2025
                                               (For Leave to file an Appeal)

                           The State of Maharashtra                         .... Applicant

                                     versus

                           Yogesh Sitaram Chavan & Anr.                     .... Respondents
                                                                            (Original accused)
                                                             …....

                           •     Ms. Supriya Kak, APP for the State/Respondent.

                                                 CORAM      : SARANG V. KOTWAL &
                                                              SANDESH D. PATIL, JJ.
                                                 DATE       : 23rd JANUARY, 2026

                           P.C. :


                           1.            Heard learned APP. Perused the impugned Judgment

                                and the deposition annexed to the application. Arguable

                                questions are raised. The matter requires consideration.


                           2.            Hence, the following order :


                                                          ORDER
MANUSHREE
NESARIKAR

Digitally signed by
                                         (i)   Leave to file Appeal against the acquittal is
MANUSHREE
NESARIKAR
Date: 2026.01.28                               granted.
13:53:34 +0530




               Nesarikar
                     2/2                   14-ALS-23-25.odt

    (ii)   Appeal is admitted.


    (iii) Call record and proceedings with paperbooks.


    (iv)   The Trial Court shall take action u/s 431 of
           BNSS against the Respondent.




(SANDESH D. PATIL, J.)           (SARANG V. KOTWAL, J.)

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