Bombay High Court
BABITA SANDEEP SHARMAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
A bail application is infructuous and cannot be entertained once the accused has been acquitted.
Summary
The applicant, Babita Sandeep Sharma, filed a bail application before the Bombay High Court. The respondent, State of Maharashtra, submitted that the applicant had already been acquitted by the Additional Sessions Judge in a POCSO case. A copy of the acquittal judgment dated 06.01.2024 was placed on record. The court observed that since the applicant was no longer under any custodial liability, the bail application became moot. Consequently, the application was deemed infructuous. The court disposed of the bail application without further hearing.
Issues considered
- Whether a bail application can be entertained after the accused has been acquitted by a trial court
Subjects
- bail
- acquittal
- criminal procedure
- POCSO
- High Court
Judgment
P.H. Jayani 207 BA1639.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1639 OF 2022
Babita Sandeep Sharma …. Applicant
Vs.
The State of Maharashtra …. Respondent
None for the Applicant.
Ms. Kranti Hiwrale, APP for the Respondent – State.
CORAM : SHYAM C. CHANDAK, J.
DATED : 31st AUGUST, 2026
P.C. :-
1. Ms. Hiwrale, learned APP states that, in this case, the Applicant has
been acquitted by the trial Court. She has tendered a copy of the Judgment
dated 06.01.2024 passed by the learned Additional Sessions Judge, City
Civil & Sessions Court, Borivali Division, Dindoshi in Special (POCSO) Case
No.143/2021. The same is taken on record and marked as ‘X’.
2. As a result, this Application has become infructuous and is disposed
of, accordingly.
Digitally (SHYAM C. CHANDAK, J.)
signed by
PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
2026.09.01
19:16:49
+0530
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