MOHAMMAD BABU GHORI v. STATE OF MAHARASHTRA AND ANR
IA/146/2026 · 2026-09-09
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7716 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7716 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
930 - CRI IA - 146 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 146 OF 2026 IN CRIMINAL APPEAL NO. 398 OF 2023 Mohammad Babu Ghori … Applicant V/s. The State of Maharashtra & Anr. … Respondents Ms. Ankita Nishad (through V.C.) with Ms. Radhika Mali for the Applicant. Mr. Shrikant H. Yadav, APP for the State. Ms. Pallavi V. Thorat for Respondent No.2 (Appointed through Legal Aid). CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 9, 2026 P.C.:
1. By the present Application, the Applicant is seeking the following reliefs:
“a) That this Hon’ble Court be pleased to release the Applicant Crime No.216/2021 in Spl. Case no.20 of 2021 registered with Shirala Police Station on 26.05.2021 for offences punishable u/s 6 of POCSO Act, 2012, 1860 on bail, pending the hearing and disposal of the criminal appeal, on such terms and conditions as this Hon’ble Court may deem fit and proper; b) That during the pendency of the present Application, this Hon’ble Court may be pleased to grant ad-interim bail with respect to the aforesaid offence;”
2. Ms. Pallavi V. Thorat, learned Advocate for Respondent No. 2, refers to the order dated 16th January 2024 passed by this Court in VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.10 10:08:14 +0530
930 - CRI IA - 146 - 2026.docx Interim Application No. 2980 of 2023 in Criminal Appeal No. 398 of 2023 and submits that the same was rejected on merits. She submits that this is the second Interim Application for bail at the instance of the Applicant. 3. Ms. Ankita Nishad, learned Advocate for the Applicant, submits that this is indeed a second Interim Application for bail and has been filed on the ground that the mother of the Applicant is unwell and that he has three minor children. She further submits that the Applicant has been in jail for almost 5 years, 3 months and 13 days as on date. She, therefore, submits that this is a ground for grant of bail. 4. Mr. Shrikant H. Yadav, learned APP for the State, opposes this Application on the ground that the Applicant cannot maintain successive Applications on the specious plea that there is a change in circumstances when there is none. 5.
Perused the record with the assistance of the learned Advocates. 6. By order dated 16th January 2024, this Court, after hearing the parties, by way of a reasoned order, had declined the request made by the Applicant in Interim Application No. 2980 of 2023. I do not find any change in circumstances to entertain the present Application. 7. The Applicant stands convicted under the POCSO Act and the sentence imposed on the Applicant is for a period of 20 years. In view of VRJ 2
930 - CRI IA - 146 - 2026.docx the above, I do not find any case made out for bail or suspension of the sentence. 8. Interim Application No. 146 of 2026 is dismissed. (ASHWIN D. BHOBE, J.) VRJ 3