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Bombay High CourtALS/56/2025disposed off

The State Of Maharashtra v. Santosh Mohan Ambolkar And ANR.

2026-01-16Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Sandesh Dadasaheb Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ALS) NO.56 OF 2025 [For Leave to File an Appeal] The State of Maharashtra .....Applicant

Versus

Santosh Mohan Ambolkar and another .....Respondents ----- Ms. Supriya Kak, APP for the Applicant-State. None for the Respondent No.1.

----- CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 16th JANUARY, 2026 P.C. :

1.

This Application is placed by the Registry on the Production Board for speaking to the minutes of the order dated 12.1.2026.

2.

The order dated 12.1.2026 records that the Appeal was admitted. However, it is necessary that leave to file appeal against acquittal is granted separately. The order dated 12.1.2026 shows that in the opinion of the Court arguable questions were raised and, therefore, the Appeal was admitted. Therefore, it is quite obvious that the leave to file appeal needs to be granted specifically. Accordingly in the order dated 12.1.2026 after paragraph-2, paragraph-2A be added as follows.

"2A. Leave to file Appeal against acquittal is granted." 3.

The order dated 12.1.2026 stands corrected to the aforesaid extent only. Rest of the order dated 12.1.2026 shall remain as it is. The corrected order be uploaded with this order. (SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.) CORRECTED ORDER DATED 12.1.2026 READS THUS :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION FOR LEAVE TO APPEAL NO.56 OF The State of Maharashtra

...Petitioner

Versus

Santosh Mohan Ambolkar and Anr.

...Respondents

______________________________________________________ Ms. Supriya Kak, APP for State.

Mr. Satyam Nimbalkar, for Respondent No. 1.

______________________________________________________

CORAM:

SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATED:

12th JANUARY 2026.

PC:-

1.

Heard.

2.

Perused the judgment. Arguable questions are raised. Hence the following order is passed.

2A. Leave to file Appeal against acquittal is granted. 3.

Appeal is admitted.

4.

Call for the R. & P. along with paper book.

5.

Action be taken under Section 431 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the Trial Court to its satisfaction against the Respondents.

(SANDESH D. PATIL, J) (SARANG V. KOTWAL, J) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2026.01.21 15:17:32 +0530