Bombay High Court
THE STATE OF MAHARASHTRAversusROHIT ARVIND SALVE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
Leave to appeal against the acquittal is granted.
Summary
The State of Maharashtra filed a criminal application seeking leave to appeal against the acquittal of Rohit Arvind Salve and another, handed down by a Special Judge under the Protection of Children from Sexual Offences (POCSO) Act on 27 March 2024. The application was argued before the Bombay High Court by Ms. Supriya Kak for the State and by Ms. Annu Sharma and Mr. Akash Shah for the respondents. The Court examined the impugned judgment and the accompanying evidence and found that there were arguable points warranting appellate review. Accordingly, the Court granted leave to appeal, admitted the appeal, and directed the trial court to proceed under Section 431 of the Bharatiya Nyaya Sanhita, including granting bail to the original accused as appropriate. The criminal application for leave to appeal was thereafter disposed.
Issues considered
- Whether leave to appeal should be granted against the acquittal in a POCSO case
- Whether the trial court should entertain further proceedings under Section 431 of the Bharatiya Nyaya Sanhita
Legislation cited
Subjects
- POCSO
- acquittal
- leave to appeal
- criminal procedure
- bail
- Section 431
- Bharatiya Nyaya Sanhita
Judgment
Digitally
signed by
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.10.03
11:07:33
+0530
1 of 2 9-als-44-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 44 OF 2026
(FOR LEAVE TO APPEAL)
The State Of Maharashtra ...Applicant
Versus
Rohit Arvind Salve And Anr ...Respondents
__________
Ms Supriya Kak APP for Applicant.
Ms Annu Sharma for Respondent No.1
Mr. Akash Shah (appointed though High Court Legal Aid) for
Respondent No.2.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 30th SEPTEMBER 2026.
PC :
1. Heard, Ms Supriya Kak Learned APP for Applicant, Ms
Annu Sharma, Learned Counsel for Respondent No.1 and Mr.
Akash Shah, Learned Counsel for Respondent No.2.
2. Perused the impugned Judgment and notes of evidence
annexed to the application. Arguable points are raised. Hence the
following order:
Meera Jadhav
2 of 2 9-als-44-26
ORDER
(i) Leave is granted to prefer appeal against the judgment and
order of Acquittal dated 27th March 2024 passed by the Special
Judge under POCSO Act, Greater Bombay in POCSO Special Case
No.486 of 2018.
(ii) The Appeal is admitted.
(iii) Call record and proceedings with paper book. Action under
Section 431 of Bharatiya Nyaya Sanhita be taken by the Trial Court
by granting bail to the original Accused to its satisfaction.
3. Criminal Application for leave to appeal is disposed of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
Meera Jadhav
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