Bombay High Court
THE STATE OF MAHARASHTRAversusRAVINDRA ANANDA MODAK AND ORS
- 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 dated 21 November 2024 in Sessions Case No. 713 of 2014, where the accused Ravindra Ananda Modak and others were cleared by the Additional Sessions Judge, Pune. The High Court examined the evidence, notably the testimonies of PW‑1 Vilas Modak and PW‑8 Dr. Trymbak Waghchaure, and identified arguable questions of law and fact. Finding that the trial court's decision warranted further scrutiny, the Court granted leave to prefer an appeal and admitted the appeal. It also directed that the trial court issue bail to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to ensure their availability during the appeal. The order directs the record and paper‑books to be called for the appellate proceedings. Thus, the appeal against the acquittal will proceed in the High Court.
Issues considered
- Whether leave to appeal should be granted against the acquittal in Sessions Case No. 713 of 2014
- Whether bail should be granted to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 during the pendency of the appeal
Legislation cited
Subjects
- criminal appeal
- acquittal
- leave to appeal
- bail
- Section 431
- High Court of Bombay
- evidence
- criminal procedure
Judgment
Gokhale 1 of 2 12-als-26-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 26 OF 2026
(LEAVE TO FILE APPEAL)
The State of Maharashtra ..Applicant
Versus
Ravindra Ananda Modak & Ors. ..Respondents
__________
Ms. Supriya Kak, APP for State/Applicant.
Ms. Priyanka H. Chavan for the Respondents.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 1 SEPTEMBER 2026
PC :
1. Heard learned APP and the learned counsel for the
Respondents-accused.
2. Perused the evidence annexed to this Application and in
particular, perused the evidence of the injured PW-1 Vilas Modak,
as well as, the evidence of PW-8 Dr. Trymbak Waghchaure.
Arguable questions are raised.
3. Hence, the following order:
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.09.02
10:44:48
+0530
2 of 2 12-als-26-26
ORDER
i) Leave is granted to prefer Appeal against the
Judgment and order of acquittal dated
21.11.2024 passed by the learned Additional
Sessions Judge, Pune, in Sessions Case No.713 of
2014.
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 Respondents-Accused to
ensure their availability during the pendency of
the Appeal; to its satisfaction.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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