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Bombay High Court

THE STATE OF MAHARASHTRAversusASHISH ALIAS BABAN PRAKASH SALVI AND ORS

Decided
Disposal
Disposed Off

Holding

Leave to appeal was granted and bail ordered under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The State of Maharashtra filed an application seeking leave to appeal the acquittal of Ashish Salvi and co‑accused dated 5 February 2026 by the Additional Sessions Court, Dindoshi. The High Court examined whether the leave should be granted and whether bail could be ordered pending the appeal. The Court found merit in the State's request, granting leave to file an appeal and admitting the appeal. It directed the trial court to issue bail to the respondents under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with appropriate conditions. The application was thereafter disposed.

Issues considered

  • Whether leave to appeal the acquittal should be granted
  • Whether bail should be granted to the respondents pending the appeal

Legislation cited

Subjects

  • criminal appeal
  • leave to appeal
  • bail
  • acquittal
  • Section 431
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                                                 14-ALS-38-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPLICATION NO.38 OF 2026
                                            (FOR LEAVE TO FILE APPEAL)

                      The State Of Maharashtra                                 ... Applicant
                             Vs.
                      Ashish Alias Baban Prakash
                      Salvi And Ors                                            ... Respondents

                                                          ****
                      Ms. M. M. Deshmukh, APP for the Applicant.
                      Adv. Balagopal N. a.w Adv. Tripti Shetty (Through V.C.) Advocate for
                      Respondents Nos. 1, 2 and 4.
                      Mr. Totik Patel i/b Asif Patel, Advocate for Respondent No.3.
                                                          ****
         Digitally
         signed by
         SHARADA
SHARADA  RANGNATH
RANGNATH WAHULE                            CORAM :         SARANG V. KOTWAL AND
WAHULE   Date:
         2026.10.07
         12:14:11
                                                           RANJITSINHA RAJA BHONSALE, JJ.
         +0530

                                            DATE       :   5th OCTOBER 2026
                      P.C.:

                      1.        Heard learned counsel. Arguable questions are raised in the

                      following order: Leave is granted to prefer an appeal against the

                      judgment and order of acquittal dated 5 th February 2026, passed by the

                      Additional Sessions Court, Dindoshi, in Sessions Case No. 424 of 2020.


                      2.         Appeal is admitted.


                      3.        Call for the Record and Proceedings along with the paper books.

                      The Trial Court shall take appropriate action under Section 431 of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023, and grant bail to the

                      Respondents during the pendency of the appeal, on such terms and



                                                              1
                      Sharada
                                                           14-ALS-38-2026.doc


conditions as may be deemed fit and subject to their satisfaction.


4.        The Application is disposed of.




( RANJITSINHA RAJA BHONSALE, J.)               (SARANG V. KOTWAL, J.)




                                     2
Sharada


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