Bombay High Court
GULABRAO MAHADEVRAO GHORPADEversusRAJENDRA GURAPPA MUDKANNA AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
Leave to appeal is granted and the appeals are admitted.
Summary
The applicant, Gulabrao Mahadevrao Ghorpade, filed criminal applications seeking leave to file an appeal against the trial court's order concerning respondent Rajendra Gurappa Mudkanna. The High Court examined whether the procedural requirements under Section 390 of the Criminal Procedure Code were satisfied to grant leave. The Court found that the applications were maintainable and that the trial court needed to issue a notice to the accused and consider bail on the same day. Consequently, the Court granted leave to appeal, admitted the appeals, and directed the trial court to issue the notice and enlarge bail with conditions ensuring the accused's presence before the High Court when required. The order also mandated reporting to the High Court if the accused fails to appear and scheduled a compliance hearing for 6 April 2026.
Issues considered
- Whether leave to file an appeal should be granted under Section 390 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 390
Subjects
- Criminal Procedure
- Leave to Appeal
- Section 390
- Bail
- High Court
Judgment
9-alp-390-2018-alp-391-2018.doc
varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 390 OF 2018
(Leave to file an appeal)
WITH
CRIMINAL APPLICATION NO. 391 OF 2018
(Leave to file an appeal)
Gulabrao Mahadevrao Ghorpade … Applicant
vs.
Rajendra Gurappa Mudkanna and Anr … Respondents
Digitally
signed by
Mr. Sanjiv A. Sawant, for the Applicant
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.02.18
Mr. D.J. Haldankar, APP for the Respondent-State.
13:15:56
+0530
CORAM : GAURI GODSE, J.
DATED : 17th FEBRUARY 2026
ORDER:
1. Leave granted.
2. Appeals are admitted.
3. Call for record and proceedings.
4. For compliance under Section 390 of the Criminal Procedure
Code, the trial court shall issue notice to respondent no. 1 –
Rajendra Gurappa Mudkanna, calling upon him to appear before the
trial court on a particular date.
Page no. 1 of 2
9-alp-390-2018-alp-391-2018.doc
5. Accordingly, respondent no. 1 (accused) shall appear before
the trial court on the given date and the trial court shall enlarge him
on bail on the same day on appropriate terms and conditions. One
of the conditions shall be for securing the presence of the accused
before this court as and when called.
6. In case respondent no. 1 (accused) fails to remain present
before the trial court as directed by this order, the trial court shall
submit a report to this court.
7. List the appeals on 6th April 2026, for recording compliance
and further directions.
(GAURI GODSE, J.)
Page no. 2 of 2
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