Bombay High Court

THE STATE OF MAHARASHTRAversusROHIT RAM HILAM AND ANR

Decided: 13 January 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

Leave to appeal is granted and the appeal is admitted.

Summary

The State of Maharashtra filed an application for leave to appeal against the order passed by the trial court in the case of Rohit Ram Hilam (ALS/41/2025). The High Court examined whether there were arguable questions of law or fact that warranted a further appeal. After reviewing the submissions of the State’s counsel, Ms P.H. Kantharia and Ms Supriya Kak, and the respondent’s legal‑aid counsel, Mr Vivek Kantawala, the Court concluded that such questions existed. Consequently, the Court granted leave to appeal, admitted the appeal, and directed the trial court to take action under Section 431 of the BNNS. The order was delivered by Justices Sandesh D. Patil and Sarang V. Kotwal on 13 January 2026.

Issues considered

Whether the trial court’s order contains arguable questions of law or fact justifying leave to appeal
Whether the High Court should grant leave to appeal in the present criminal matter
Whether Section 431 of the BNNS is applicable for further proceedings

Subjects

leave to appeal
section 431
BNNS
criminal appellate jurisdiction
arguable questions

Judgment

                                                                               25-ALS-41-2025.odt



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                               APPLICATION FOR LEAVE TO APPEAL NO.41 OF 2025

                      The State Of Maharashtra                        … Applicant
                            Versus
                      Rohit Ram Hilam And Anr                         … Respondents
SHARADA
RANGNATH
WAHULE                                             WITH
Digitally signed by
SHARADA
RANGNATH
                               APPLICATION FOR LEAVE TO APPEAL NO. 40 OF 2025
WAHULE
Date: 2026.01.14
15:17:58 +0530


                      The State Of Maharashtra                        … Applicant
                           Versus
                      Ravindra Ganesh Waghmare
                      And Ors                                         … Respondents


                                                        ****
                      Ms. P. H. Kantharia, Special P.P. with Ms. Supriya Kak, APP for State
                      in ALS/41/2025 and ALS/40/2025.

                      Mr. Vivek Kantawala, Appointed as Legal Aid Respondent No.1
                      (Rohit Ram Hilam) in ALS/41/2025.

                      Mr. Shakil Ahmed a/w Nisha Shaneali, Advocate for Respondent
                      Nos.4 & 5 in ALA/40/2025.

                      API Suryakant Pawar, Roha Police Station.
                                                    ****

                                        CORAM : SARANG V. KOTWAL &
                                                SANDESH D. PATIL, JJ.

                                         DATE     : 13th JANUARY, 2026

                      P.C. :


                      1.           Leave granted. Arguable questions are raised. Appeal is


                      SUB                                  1
                                                     25-ALS-41-2025.odt



admitted. Action be taken under Section 431 of BNNS by the Trial

Court.



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




SUB                               2

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