Bombay High Court
KAPILDAV CHUGHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Leave to appeal is granted and the appeal is admitted because the judgment contains arguable questions of law and fact.
Summary
The appellant, Kapildev Chug, filed an application for leave to appeal against the acquittal granted by the Metropolitan Magistrate, 64th Court, Esplanade, Mumbai, in Criminal Case No.35/SW/2012 dated 12 March 2024. The High Court of Bombay examined the impugned judgment and identified arguable questions of law and fact. The Court held that the presence of such questions warranted the grant of leave to appeal. Consequently, the Court granted leave, admitted the appeal, and directed the trial court to prepare paperbooks for the appellate proceedings. The order also waived service of notice on certain respondents and ordered an expedited hearing of the appeal. The decision sets the procedural course for the appeal to be heard on its merits.
Issues considered
- Whether the High Court should grant leave to appeal against the acquittal pronounced by the Metropolitan Magistrate.
Subjects
- Leave to appeal
- Acquittal
- Criminal appellate jurisdiction
- Procedural law
- High Court of Bombay
Judgment
1/2 05-ALP-46-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLICATION FOR LEAVE TO APPEAL (PVT) NO.46 OF 2024
Kapildev Chug .... Appellant
versus
The State of Maharashtra & Ors. .... Respondents
…....
• Mr. Kapildev Chug, Applicant-in-person present.
• Ms. Kranti Hiwrale, APP for the State/Respondent.
• Ms. Christabelle M. K. i/b. Mr. Manoj Khatri, Advocate for
Respondent Nos.2 and 3.
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 28th JANUARY, 2026
P.C. :
1. Heard learned counsel for the Applicant as well as the
learned counsel for the Respondent Nos.2 and 3. Perused the
impugned Judgment and Order. Arguable questions are raised.
2. Hence, the following order :
MANUSHREE ORDER
NESARIKAR
Digitally signed
by MANUSHREE
NESARIKAR
(i) Leave is granted to prefer an Appeal against the
Date: 2026.01.29
11:44:58 +0530
acquittal challenging the Judgment and Order
Nesarikar
2/2 05-ALP-46-24.odt
dated 12/03/2024 passed by the learned
Metropolitan Magistrate, 64th Court, Esplanade,
Mumbai, in Criminal Case No.35/SW/2012.
(ii) Appeal is admitted.
(iii) The record and proceedings are sent to this
Court. It shall be sent back to the Trial Court for
preparation of paperbooks. After the paperbooks
are prepared, the record and proceedings with
paperbooks, shall be sent back to this Court.
(iv) Learned counsel Ms. Christabelle M. K. waives
service of notice on the Respondent Nos.2 and 3
for final hearing of the Appeal.
(v) Hearing of the Appeal is expedited.
(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)
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