Bombay High Court

SAI SUNIL KUMAWATversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is disposed of as withdrawn.

Summary

The applicant, Sai Sunil Kumawat, was charged with assault causing the death of an 18‑year‑old boy, with eye witnesses and a recovered knife linking him to the crime. He filed a bail application, which the trial court had earlier refused, noting that charges were framed and prosecution evidence was yet to be recorded. The applicant sought to withdraw the bail application and requested that the trial court complete the trial within one year, with a provision to file a fresh bail application if the trial was not substantially progressed. The High Court observed that the investigation was complete, the charge‑sheet filed, and there was no impediment to the trial proceeding, directing the trial court to endeavour to conclude the trial within a year. The Court disposed of the bail application as withdrawn, allowing the applicant to seek regular bail later if the trial is delayed beyond the stipulated period.

Issues considered

Whether the bail application can be withdrawn and the trial be directed to be completed within a year.

Subjects

bail
criminal trial
assault causing death
trial delay
withdrawal of application

Judgment

2026:BHC-AUG:37594
                                                                         945ba1423-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           945 BAIL APPLICATION NO. 1423 OF 2026

                                       Sai Sunil Kumawat
                                            VERSUS
                                   The State Of Maharashtra
                                               ...
            Mr. Malpani Mohit Rajendra, Advocate for the Applicant
            Mr. S. D. Ghayal, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 18th August, 2026
            PER COURT :-

            1.       After hearing the learned Advocate for the applicant for some

            time and after perusing the investigating papers annexed to the

            application with the assistance, the learned Additional Public

            Prosecutor, it has been noticed that the present is the case of assault in

            which the death of 18 years old boy has been caused. There are eye

            witnesses to the incident who attribute the infliction of knife on the

            chest of the deceased to the present applicant. A specific role has been

            assigned to the present applicant and there has been a recovery of the

            knife at the instance of the present applicant.


            2.       Upon showing my disinclination to allow the application, the

            learned Advocate for the applicant, on instructions seeks leave to

            withdraw the application with a request to direct the trial court to

            complete the trial within a period of one year from tody. He further

            prays that in case, the trial is not substantially proceeded then liberty

                                                                                 1 of 2
                                                                           945ba1423-26

           be granted to the applicant to file fresh bail application before the trial

           court.


           3.       Taking into consideration that the investigation is complete,

           the charge-sheet has been filed, the charge has already been framed,

           and the list of witnesses has also been furnished before the Trial Court,

           I find no impediment to the Trial Court proceeding with the trial. In

           fact, in the order refusing bail to the present applicant, the trial court

           itself, in n para 24 of the order, mentions that “charge has been framed

           and evidence of the prosecution witnesses yet to be recorded. The

           learned APP submits that they will proceed with the trial without any

           further delay.” Thus, the trial court should make all its endeavour to

           conclude the trial within a period of one year from today. In case, the

           trial is not sufficiently progressed within this one year, then the

           applicant is at liberty to revise his prayer for grant of regular bail before

           the learned trial court.


           4.       With the foresaid observations, the present application is

           disposed of as withdrawn.




                                                        (HITEN S. VENEGAVKAR, J.)
JPChavan




                                                                                  2 of 2

Continue reading with your account

Checking your session…