Bombay High Court
THE STATE OF MAHARASHTRAversusSUMIT NAVINCHANDRA KARODIYA AND ANR
- 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 granted by the Additional Sessions Judge‑4 and Special Judge under the Protection of Children from Sexual Offences (POCSO) Act in a case involving two victims. The High Court examined the impugned judgment and the victims' evidence, and identified several legal questions, including the propriety of granting leave to appeal and the necessity of bail for the respondent pending the appeal. The Court granted leave to file the appeal, admitted the appeal, and ordered the trial court to consider bail under Section 431 of the BNSS to ensure the respondent’s availability. The order also directed that the record be called and the hearing expedited. Consequently, the appeal against the acquittal is now permitted and will proceed.
Issues considered
- Whether leave to appeal should be granted against the acquittal under the POCSO Act.
- Whether bail pending the appeal should be granted under Section 431 of the BNSS.
Legislation cited
Subjects
- POCSO Act
- appeal
- acquittal
- bail
- criminal procedure
- juvenile protection
Judgment
supriya 1 of 2 8-ALS-28-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 28 OF 2026
(For Leave to file an Appeal)
SUPRIYA
PRAMOD
The State Of Maharashtra ..Applicant
JAWARE
Digitally signed by
Versus
SUPRIYA
PRAMOD JAWARE
Date: 2026.08.17
18:18:32 +0530
Sumit Navinchandra Karodiya & Anr. ..Respondents
__________
Ms. Supriya Kak, APP for the Applicant/State.
Mr. Anil Lalla a/w Mr. Yash Pulekar, Ms. Vaishnavi Angari for
Respondent No.1.
None for Respondent No.2.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 17 AUGUST 2026
PC :
1. Heard.
2. Perused the impugned Judgment and the copies of
evidence annexed to the Application, and in particular, the
evidence of the two victims.
3. Arguable questions are raised. Hence, the following
Order:-
(i) Leave is granted to prefer an Appeal against the
2 of 2 8-ALS-28-2026
Judgment and Order of acquittal passed by the
Additional Sessions Judge-4 and Special Judge
under POCSO Act, Thane, vide Judgment and
Order dated 4th February 2025 in Special (P) Case
No. 234 of 2022.
(ii) Appeal is admitted.
(iii) Call for record and proceedings with paper books.
(iv) Action be taken under Section 431 of BNSS by the
Trial Court by granting bail pending this Appeal to
the Respondent No.1 to its satisfaction to ensure
his availability during pendency of this Appeal.
(v) Hearing be expedited.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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